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Full text of "Proceedings of the Tribunal of Arbitration [microform] : convened at Paris under the treaty between the United States of America and Great Britain, concluded at Washington, February 29, 1892, for the determination of questions between the two governments concerning the jurisdictional rights of the United States in the waters of Bering Sea"

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«^cr>-) 



KUR SEAL ARBITRATION, 



PROCEEDINGS 



OF TUB 



Tribunal of Arbitration, 



CONVKNEI) AT PARIS 



UNDER TIIR 



TREATY BETWEEN THE UNITED STATES OP AMERICA AND GREAT 
BRITAIN CONCLUDED AT WASHINGTON FEBRUARY ao, 189a, 



FOK TIIK 



DETERMINATION OF QUESTIONS BETWEEN THE TWO GOV- 
ERNMENTS CONCERNING THE Jl'RISDICTIONAL 
RIGHTS OF THE UNITED STATES 



IN IIIG 



WATERS OF BERING SEA. 



VOLUME VII. 



WASHINGTON: 

aOVERNMENT PRINTING OFFIOB. 
1895. 



JXzBH.f'S 



V 



.1 



I 



1 



f 

I 



FUR-SEAL ARBITRATION. 



THE COUNTER CASE 



ov 



The United States 



nKFoiii-; TiiK 



TKIDUNAL OF ARBITILVTION 



TO CONVENE AT PAKIS 



UNDKR TIIK 



PROVISIONS OF THE TREATY BETWEEN THE TINITED 
STATES OF AMERICA AND GREAT J5KITA1N 
CONCLUDED FEURIJARY 2«J, l»y2. ' 



INCLUDING APPENDIX. 



WASHINGTON, D. C.t 

GOVERNMENT PRINTING OFFICE. 

1893. 



TABLE OF CONTENTS 



COUNTER CASE. 



INTRODUCTION. 

Tag*. 
Thk Counter Cask of tiik Unitki> .Statics: 

Its ohjoct - 

Original British Cams aud HUpi.luiin ..t .""] 3 

PART FIRST. 

UEPI.Y OK TIIK UNITED STAIKS TO THK IIKITISII CASK KIIIHT PltKHKNTHD. 

Tim; Thik Issuks in tiik I'uksknt Contkovkksy: 

Diir.T.Mieo of V ws as to the ol)Jcct of tho prcm-nt arbitration 7 

rrote<^tion of seals tho inuin object of the arbitration ! . ! 7 

Origin of th(^ controversy as to Jurisdiction ' . « 

Lord Salisl.nrv's reference to the Knssian nkase '.] h 

Mr. H.iyard invites international cooperation • j) 

Mr. Hlaiiie's statement of the issues jq 

Just ideation of soiznros of scaling vessels 11 

Lord .Salisbnry again introiluees the nka.se '" j2 

Tile United States songht international agreement 13 

Tiik KituoNKous Tkan.si.ation ok Ckutain Kcssian Doct.mknt.s: 

ImpoHil ion practiced upon the United States Uovernmont U 

Partial restatement of its ca.se necessary U 

Tiik Situation about Ukiunu Ska and on the Noktiuvk.st Coa.st i...w n i,» 
THK Tukaties ok 1821-25: 

Kussia's c(doniaI system ,r 

Uk.'isc of 17!l!t " " * '* 

Chapter 1 of Mritish Case ir 

Distinction between Bering Sea regi.m ami I'aeific Ocean ifi 

Uka80ofl821 ,„ 

III 



21777 






IV 



TAni.K OF CONTENTS. 



Tin: Situation xnorr IIkimno Ska, inc. — Continiitd. V»e»- 

ChuriU'tor of control (Oiiinn'il over Ucriiif; Smi 18 

No cxclimivo territorial Jiirisilictioii cluiiiKHl 19 

l'rot«'HtM ii^aiii.it iikusti and roHultiii^ tioatioH 19 

Casiioftlit! r,a,l 20 

ri-.i(i<ii> FoM.owiNO THE Thkatiks; 

Con tin nation of the colonial NyHti-in 21 

Cast- of t lio Loiiol 22 

Chapt.r IV of tho Hritinh Case 23 

ViNitM (»f whalers to Heriiijj Sea lit 

Kij^lit.H to prottM't Hcals not rcliiuiuislHil 25 

Kviiloiicc of HiirveillaiH'o over Heriny Sea 26 

ConcIuHionH from fort-j^oing ovitlencu 29 

KuHsia's action in WM 29 

Final ohsorvatioiiH on historical and jnrisilictit.iiul i|iiestion» 30 

First, HiisNiiiii sealskin indnstry 30 

Second, KiiHsiji never renonnccd lior ri^ht to ]irotect. such industry 31 

Third, United States's right to protect, in accord with rights asserted by 

KuHsia 31 

Tin: KKiUT OK l'u(>rK( iiox ank f)r ruorKinv in tuk Alaskan Shal IIkud. 

ih'itish view of [irolection and iiri)|ii'rty claims 32 

History of protection and jiroperty claims 32 

Mr. Itlaine insisted on right of |irotuetion 32 

Mr. Mlaine asserted ownershi]> in seals 33 

.Inrisilictioiial ()iiestions not the true issues' 33 

Marc clauMum doctrine inai)pli(;a))lo 31 

Mr. 1 'helps asserted ownership in tho sealerit-s 34 

All .'lets not Jn.stifialile liecauso coniinittud ou high seas 3.5 

(irowth of international law 35 

Tho United States ailopt Mr. Phelps's views 35 

Lord Salisbury in error 36 

Ivjghts arising out of owiu'rship of islands and habits of seals 36 

All facts relating to i)roporty (daim fully discussed 37 

Claim of ]irote(^ti(Ui and ownership not now 38 

Caso of the Ilaniel 38 

PART SECOND. 



■I 



nrri.Y OF TMK t'NITF-n states to that rOKTION OK TUB CASK OF OHFAT BRITAIN 
«:o.\TAINKD IN TIIIC ItK.POKT OK TIIK IIHITISU COM.MlhSlONliKS. 

TllK niUTISII CoMMISSIONKliS AND TIIKIK lki:i'()l!T: 

Tho fJoring Soa Conunission i 43 

Tho Rritisli CommissionorH 45 

Socretary IMaine's not«i to the Hrilish Minister 45 

Moetingsof tho .loint Commission 46 

Koport of the British CominiBsionors 46 



TADI.E OF rONTENTS. 



18 

ly 

19 

20 

21 

22 

23 

2» 

25 

2« 

29 

29 

30 

30 

31 

itcd by 

31 

. ilKKO. 

32 

32 

32 

33 

33 
31 
34 
35 
35 
35 
36 
30 
37 
38 
38 



KAT URITAIN 



43 
45 

45 
46 
46 



First, Nkw PnovosiTioNS Ar.i.K«ii:i) on Mattkhs Ai.kkady ('<)NSii>i;iiri>: 
llahiU of thefur-mah. 

1. Difltributi"!! olncalN in Hcriiij; Sc;i nnd iiitirniiii^linn of bcnl : 

Intt'riiiiiiKliii>{ <»!' tli« Alaskan ami Kiissian hi^nls 48 

Charts Ni)s. Ill ami IV of thu H.port 49 

Chart. No. H of Ihu Kt'iiort 49 

Data from whidi tlio chiirtH wen; i'()m|)ih'(l 19 

Ilisiifficii-'iicy of ilatu 50 

Primi]! il data ri^litd iii)on in l{i-|ioi-t 50 

Chart of cTuiMOH in Ht-ring Scji in IHIH' 51 

Soaliiij,' chart of 18!t2 51 

2. Alh'god proniiHonnuH nursing of impH by tVnudo Huals: 

I'roinisc.iiouH nursing ih^nii>d 53 

Klliott and IJryunt a» anthorifioH in the Ii'cport 53 

Cow'h iifl'i'ctioM for licr yonng 53 

Analogy with otln-r animals 54 

Authoriti<!8 relied niwin in the Ke])ort 54 

Mr. C. H. .Jackson a (|iieHtionabIu authority 55 

Sir F. McCoy an an authority 55 

3. Period at which the female seals go into the water 57 

Position taken by the Report and the authorities .')7 

Capt. Uyant's statements 58 

The one authority for the Ke])ort'8 position .59 

Testimony of C. H. Townsond .59 

Testimony of J. Stanley- Brown 60 

4 A<|uatic coition: 

AHirmation of its possibility by the Report fiO 

The evidence in favor of aquatic coition fil 

Cajtt. Bryant as an Jiuthority (J2 

W II. Dall as an authority f>2 

Instifliciency of the evidence advanced by the Iteport (W 

Inconsistencies of the Report 6.'{ 

Late arrival of the cows at the islands 04 

Matinnement as an alleqcd caute of decrease. 

The methods admitted to be almost perfect fi."} 

Excessive killing alleged (« 

Proof must bo limited to period, 1870-l!S80 65 

Admission as to period after decided decrease 66 

Irrelevancy of such admission 67 

Failure of the Report to show change of managiiiiint after l^.sO 68 

Reservation as to charges of fraud 68 

Foundation of charge of ex' tssivo killing 69 

Capt. Bryant as a witness for the Commissioners 69 

Reasons for his report 69 

Divisions of evidence in the Report 71 



T 



VI 



TAni.K (»F CONTKNTS. 



First, Nkw PiioposiriKN 

Maiiinifmeiil an ax iillf 
IiirlcviiiK'y (>r til 
I'liliiiriHHs of stii 
Tlic niiiiilxT (iI'mc 
Scciiml (li\ isijtii () 
('<iiii|i:ii'isi)iiH of li 
The ciirtiiiliiicnt < 
IIiiri'iiiH ill 1S!)|.. 
SiirpliiM of virilf 
8i/ft of iMroiiiH ill 
Aiii'ijcd Hiimiiiarv 



Alli 



(1 re 



"Kill 



S, KTl', — ('ollfilllU'll. 

i/id raiiMe of (licrcaH — ('ontlinind. rnce 

•' first division 71 

t<-iii<-nts lis to liiiN.siMii jiciiiiil 71 

lis killi'd from IHtJ(» to lsii,-> TA 

cvidrlKc T,\ 

iirciiiH, IHTO .iiul IMM'. iini.viiiit T.l 

if II. \V. KIliolfH stiitiiiuiit 71 

71 

iiijilfs 7 J 

IKlti! 75 

of a npoit of If. \V. Klliott in IHiHI 7'. 

Ill of (li'i Tcasr liy lessees 7t! 

[)f AliiNkaii catcli, ]H7(»-lSN!i . 77 

ikeii from NortlieaHt Point 77 

reserved areas in lH7!t IH 

ds ev cr reserved TJ 

r<idriviii;i; siil»se(|iieiit to IHHO, irrelevant 7!l 

! prior to 1H80 7li 

"dojjy for pidajjie sealinjj 80 

ntaK<' of female seals in iiclajjii' eateli is not lar;;(^. 

ideiiee siihiiiitted 80 

iiilerest<'d jtarties Hiilmiitted 81 

■ females admitted to lie taken 81 

icoiisistent with tlie Kei>oit 81 

ts ill tlm ' e])ort denied H'2 

'h iiivesti ..tioiis, Slimmer of lS!t2 Ki 

<sols seized liy Hiissia, 18!)2; SMI jier tM'iit females 815 

of jtelafiic catilies. 18!(2 83 

females taken at sea prior to 1870 84 

■aliiifi ill Hi'ring Sea is not ns destructive to seal lite 
ealiiifi in tlu' North I'lieitic. 

he Keiiort's statements 8-1 

lales 85 

les 85 

's invest ij;at ions. IS'.tl' 85 

of seals l.y (". II. Townsend, 18D2 86 

the rookeries 8(> 

th 87 

lote of Mareh 1, 18!K) 88 

th alh'fj;ed in tlio K'ei>or^ 80 

d killiiif^of the mothers 8!) 

ic 89 

3. I'lijis eriislied in Ktain])od<'s 90 



Average weights 
Xiimlier of seaJs ( 
Allej;ed resort to 

No hauling ;.rniiii 
Overdriving and 
Peliial (d" deeixstH 

J'vliuiic Kfitliiifi. 

Tin- K'eport, an a 

1. That the jieiei 

'I'lio Indiati e 
Testimony ol 
rerceiilan*' <> 
Statements i: 
The slateliiei 
('a]it. Iloojiei 
Catches of vt 
F.xamination 
rrojiortion ol 

2. That pehifiic s 

as ^tela^ie i 
Grounds for 
Pregnant fei 
Nnrsiiitr fcni 



("apt. Hooper' 
]''xaiiiiiiatiAn 
Dead iiujis on 
Cause of dea 
Mr. IJlaine's i; 
Causes of dea 

1. Driving an 

2. An opidenii 



TAIU-K OF CONTKNTS. 



vn 



I'lIlST, N'KW PllOI'OSITIIiNS, 1.TC. — ColltilllHUl. 

I'ddi/ir Hvuhni) — ( 'mil iiiiicd. 

2. Tliiit pclaj^ic scaliiijr in liciiiiK Sim Im not doHtructivi' to seal lifo nH 
IH'liijiic HciiliuK ill the North I'licilir— Coiitiniir<l. 



4. l'o.s>il.lc raids as a cauHC 
All tli<- liodii-H i-iiwx'ialcd ... 



(irrat liiMTRaao of dcikd ))ii|ih in l'^l''J 
Cause of dt'C'.-i-aKr of dead |>n|)s 



IncicaHi'd mortality on h'lissian rookcrii's 

Coinparativi' Mi/es of Hrriiin Sea and I'lullic raUlirs 



St-alin^ season in IScrin;; Sea and I'arilic coinpand 

Avtia;ff daily <atili in Mfrinj; Sia and l'a<;ific comiiarcd 

S. That tlio waste of life resulting from pelaj. " 'alinK Ih insiMniii 
cant. 



Waste of life insiKi>ifi''i>iit 

The evidence advanred in the h'e|iiirt 

J'ercentaKe o^Keals lost l>y Indians... 
J'erecnlaj;e of seals lost hy white linnlers. 
Tabulated statements ot' white liiiiiierM. .. 
Ini'oiisii<teneies ot' statements 



Sonre»!8 of •• White liiinteis"' talde... 
Talilo only ;;i\t's seals lost by Hiid<ing. 
Seals lost 1»\ wounding 



The bases for the ajiolouy unwarranie. 



Sk<<>ni>, Nkw iMATrKit .\i,i.i:iii:i) not Ukiiktoi-uuk Disci .s.-r.D. 
JlahitH of Ihcfin-siiilt. 

1. That the Alaskan seal herd has a do tin nd winter habitat. 



The "winter habitat" theory 

Objeet of projiosinj; this theory 

The bulls do not resort to the " mntc.r liahihil 
The data insullieieiit to establish 



Testimony in opjiosition 

Seals followed iiltiny Van<'ouvcr Island 

Seals seat tered durin}; wintcir months 

S.-als found in hit. 4(P N. and lon^. 172^ \V.... 
New nii<;ration <"hart jtresented with Counter (' 



^ne^ 



no 

!)1 
!(1 
1(3 
!>» 
S)3 
i>4 

in 



!)r> 
i»r> 

95 
•J3 
(Mi 
9(i 
i)7 
97 
98 
99 



100 
101 
101 
102 
103 
104 
104 
105 
105 



2. That the Alaski 



il held has ehan^ed its habits as a result (d' 



disturl)anee on the breeding islands and of pelagi(; sealii 



Jnereased pi'la^ie nature allejjcd 



' Sta 



««■>• 



als taken at 



Table of averafne eateli ]ier boat and pel m;.:i 
Why averages for ISS.") and lfS86 are not used 



Sueh averages of no value 

Average per boat in "sprinf. catch," 1880-1891. 

Increase ]>elagie nature, an a-isi'mption 

('Iiange of rookeries based on hearsay 

New Asiatic rookeries 



106 
lOfi 
107 
107 
107 
108 
109 
109 
110 



Mil 



TAULK OK ('ONIKNTS. 



SrroNii. Nmv Maitiu Aiii'«ii'i> Nor IlKKi.nii'Oiii': l>is( tsmkh ContiniHMl. 
llilhll.H of Ihr I'll I- SI Ills Colli ililiril. 

2. 'I'liilt tll(> AI.ihUiiii ni'mI llrail liMN fliaii^'i'il its IkiIijIs, (>tri'. ( 'nut iiilli'il. 

(•iu> lii>iiu< of ,M:i.sl>iiii seal lu'ld 

I'liliiliir iNlaiiiU iiilialiilril I'tir initi liiiiiiiri'il ,v<.'arN 

^>lan^lit<'l' oil Itolilx'ii ln!aiHl, ISM 'Ml 

l'",rror in Mlaloiiii'iit it'lir«l on by llic l><'|ioi I . 

^Hi'ijril J'lituilulcHi iiiliiiiiiislr.iliiin on lh<< I'rihilo/ Islonils: 

Intlirofl. t'liiuj'ON of I rami in (li<< lioport 

'Till' |iart ii>N iliar^c<'<l 

(Jrral lliilaiii an<l tlic iVaiuls rliarnt'd 

KratiOli Iho 1 'iiiU'il Slalt's coiiNiilcr I lir iliarj;!' 

Ki'iiitl, as all(>)4'(>il in tlio K(>|utrt 

No aiilliorily for iliar;;(>rt 

II. W. Kl Holt's statciiiiMit^s liislorli^d 

("ounliiin sKins on I'riliiiol' IsJanilN 

KiM'oiint at San Krancisro 

A I'l'w liiiiiiilt's oponril 

racUini; ami sliipiiu'iit 

«)iil\ two skins ill ii liiiiulli> 

Tlu'iM' tsUins in a ImiikIIc w oiihl l>r ilclt'iii'd 

Iiii)ili(<(l t'ranil in wriiilil of liiimll(>8 

KAplanation of wt'inlif 

\'ari»ms I'omits of sldiis compari'il 

rrailical ajjrociiu'nl of ciniiiis 

Mooro's report of 1S7."> 

I'.midoyos of lossocs as (!<i\ crnnirnt aiiiMits 

TimM>. K'lua i.ArioNs ritoi'osKD in rm: K'i:i<n;i'. 

'I'lio only r<>i>iilatioiis sntliin'iit 

,l^lri^^tli^•tiou of 'rrilmiial ot' Arliitrat ion 

I'lifairnoss of rcfiiilalioiis propositi 

(n) Improremvnts in tlir mithoiln 0/ lokiiiij smls 

On Tritiilof Islands 

At 8oa 

I 'so of lln> villi" olisolcic 

l.ici'iises a|)plii'd to only ono-liall' of t lie lui liters 

lueroased licenses of steam vessels (d' no valm;., 

(b) h'estriction in thv nnmhcr 'if svols to he lukin. 

Unfairness of liniiti.t ions propost>d 

(0) SjHcitic schimc 0/ iK/nhilions ncomnicniUil. 

Kejinlations rceonuneniled 

Limitation of quota on Tribilof Islands 

Troteetivo zone proposed 

Close season pi'opoaed 

llasis of jiroposed close season 

Close season would lia\ e little eti'ect 

Not entering Hering Sou before July 1, no concession 



I'l'C" 



III) 
III 
III 
III 

II'.' 
1 1 'J 

ii:t 
ii:{ 
III 
11:. 
iir. 
iir. 
1 11; 
lit; 
nil 

117 
117 

lis 

IIS 

lis 

11!) 

ti'.i 

I'-'O 

I'Ji 

IL'2 

I'J'J 
ILM 
IL'3 
IL';{ 
121 

125 

12r) 
125 
125 
12(! 
I2(i 
120 
127 



TAIll.r. OK ('ONI'KNTS, 



IX 



'I'lriitn, Ki'<:i I A I ION'S I'ltui'osi'.it in imi: lii'.i'iiiir < 'iiiiliniiiil. 

((•) Sjni iiic Hfhiiiii iif VI iiiiliiliiiiiH nriiminniilrd -(.'oiil iniii'il. |'ii({i<. 

'- (.'ii|ii|iriiM;iliii'V ml jllHlliiriilM " |il ii|iiiHO<l I'J? 

ISll|)|>.iM-.l |Hlil;;ir r.ilcli, IO,(l(H» ii wii-k I'-'M 

IJnriiiiiH'M.s <>(' ( (iiiiiiiihHJKMcrH hIuiw II I'.'H 

Altcin.il i vr iiicl IkiiIs II C ifMiihit imis VIH 

HKl'I.V (l|.' rill'. INIIKK M A I i;s lO nil', IIIJIIIMII ri.AMiN l>il! |i\M Miles. 

Sri/iirt'N julinilird .' r_'!( 

ri'itliiltiUdii 111' HiMliii^ ill llcriii}^ Sciv IL'll 

licllHOIls why Hoi/.lirrH w rrc iiMiilr IIIO 

\csscIh Mci/nl, owned liy I illilril SI;i(<'H fit i/riis \'M) 

li'rhil iiiliH «•(' linsi-owil /, W'ki'I'i'ii iiiiil ('(loprr VM 

.l<psi]ili ItiiHi'dwit,/., I iiiilcd SImIi's ('.ili/,(;ii, (ivviicr Ktl 

A. .1. I!«i litrl, Unilctl St.itrs ( ilizrii, owner I It I 

A. I''r!inli, 1 'ni(eil Stiiles eil i/.eli, owiHT V.Vl 

No thmiM^es eiiii lie ji w;irilecl I'of pri)S|ie.e|,i ve |i roll Is lltK 

I lei ision in ( leiievii Ai liil nil ion I HI! 

All ihllMM;.|;i'S el.iiliieil eyeiHsiv e Iltl 

(,>lli si loiiN silliliiil led 111 id el' All i eld \' I 1 1 jltj 

ColIMViK CaNI; KKA.s.SKItl.S llli: l'( isll l( iNS lAKK.N IN llli; CasI; i\i~> 



AIM'I-N I) IX. 



Pago 

Diplomatic roiiiJKsrnitKVCK : 

Keliilinj^.li) llir iiilei'pietiilioii of I lie. 'I'reiity of A rliit i;it Ion 13!> 

lielaliii^ to (>rroni'.oiis li'iinsl.'ilions of eerlaiii Uii.ssian doeiiinenls referred 

to ill file, Ciise of tlie IFniled Slates 151 

Aiiieiicle(i traiiHiatioiiH lot 

Ke.1atiii;j; to Cased of tlu'. ri'ail, I oiiol. and Harriet M'> 

Ciise of the /'('((;•/ 175 

Case of (lie iMrbn ISO 

CiiHo of i lie Harriet \M 

TiI'SSIAN DoCI'.Ml'.NTM 

K'eiafiii;; to tlio iiiiiiilier of seals killed on Si. I'aiil Island, iXtiO-lhtIO VXi 

Helatiiijj; to f 111) vis.ls oi foi<ujrii v. Iiaieis to IJ.-i iny; .Sea. VM 

Ski/.ukks OK AMicuicAy A.M> HuiTi.sii Vkh.si;i,s 1»Y FiU.S.SIA IN lH:»li 201 



TAIJLE OF CONTENTS. 



Pair«. 

Official Rkim hits 207 

l{«!I»(»rts of Cap! . Hottiit r 207 

Orders to (.'apl. Ilcuipcr 207 

Koport, dated Aii^'ust 17, 1S!)1> 208 

Ki'port, dated Soptciiibcr ti. 1S!»2 2U 

Report, ilated Noveiiil.er 21, l)S',t2 22S 

Report of Cai)t. Coulsoii 23t 

Rejxirt of Special A};ei)t ITenry 245 

Jv'eport of riiited StateH ('oiisfll Myers 255 

R(>|)ort of Tn^asiiry Afjent liaveiider 2G3 

Note.-; oil tli(^ Fiir-Hoal Rookeries of tlio I'ribiluf Islands, July 18 to 31, 1802, 

by ]{. \V. Kverinan:i 2C4 

EXTUACTS FROM VaUIOI'S PllU.lCATK INS 275 

RejuHt of Cai)t. liryaiit, 18tt!» 275 

Titstimoiiy of (Jharles Hryant het'ore Ciiiigre.isioiiai t'oiuiiiittee, 187tj 280 

Report of Lieutenant Mayuard, 1874 280 

Rejiort of J. S. Moore, 187r) 282 

"Kislieries and l-'ishery Industries of the Cnited States" (James (j. Swan) 284 

Testimony of James (J. Swan before Senate Committee 286 

"List of Heixirted DiniMers in the Xorlli Paeitic Oeean" 288 

I'ajier prepared by W illiam Palmer 289 

" I'roilromun of the Zoi>lofi;y of Victoria" 292 

Fanninj>'8" Voya;,r,.s K'oiiml the World, 17!t2 to 1832" 293 

"Marine Mammals of the Northwest Coast" 293 

Veniaminoff's "Noti'son the Islands of the L'nalaska Distiiit" 294 

MaTTKK KM'.I.ATIXU TO ClOKTAIN Skaling Vicssfls Skizku uy thk Umtkd 
Staiks : 

Extracts from notes made at the trial of WarreTi rs. IJoscowitz and Cooiiei' 301 
Extracts from e\ idencu' in the ease of Warrou vn. lloscowitz et a/ios and 

lloscowit/, vs. Warren it alios 304 

Extracts from "Case on Ajjjieal" in the case of \\ lunii tt uliuti rs. Kosco- 

witz et alioH 313 

Plead in<rs—(Jouuter claim 315 

Answer 316 

Decree 316 

Special i)roceeding institiiictl ia regard to ccilain claims against tho 

United States 320 

LiiiF.LS Fii.KD Against Skamncj Vksski.s 327 

APrHAISKMI'.XTS OF SKAMNO VlSSFI.S 329 

Tai«.ks RklatinCi to Claims of Buitlsh Siru.ii;cTS Against riin llNirFO 

Statks 339 

J'I'.stimony: 

Relating to claims of British subjects against tho United States 341 

Relating to fnr-seals and seal-skin industry 353 

(F(»r list of deponents si'v Index to Appendix, iiunt.) 



■^ 



TABLK OF CONTENTS. 



XI 



207 

207 

207 

20S 

214 

228 

23 1 

245 

255 

263 

to 31, IH'J-J, 

2f4 

275 

275 

^''^> 2W) 

280 

282 

*<i.S\v;iii) 284 

286 

288 

289 

292 

293 

293 

•- 294 

Umiki) 

(I Cooj)er 301 
nlios and 

304 

*'. I.'o.SL'O- 

313 

315 

316 

316 

iii.st tlio 

320 

327 

329 

339 

341 

353 



l"aKo. 



MiSCKIXANKOUS: 

Sealskins from tlio PrUtilof Islands entered at Sau Franrisco, 1872 to 1889 109 

Salt'8 of sealiufj schoontjis jlO 

Tallies of catchos ^n 

Title piifjo of a London cataloj^no of fur sealskins ,(12 

Letters to the Secretary of State 4[;^ 

Dr. J. A, Allen .......[[.[ 413 

Capt. Ciiarles Bryant 4j3 

Letter from Judge Jiiines G, Swan eonccrniiii,' Rerinjj Sea Connnissioners 

and H. W. Elliott ,11 

Stateniciits as to sealskins: 

C M. Lainpsou & Co ,U5 

Alfred Eraser ^^r^ 

C. W. Martin & Sons 417 

Report of speech made by one of tin- British Berin-r Sea Commissioners.. 418 

Deelaration of seiznre of the British schooner Moinilain Chi,/ 4I!> 

Certilicatcs as to sale of seliooners seized [ji 

Tables of annnal killinj^s, Pribilof Islands, lS71-lS,si) .jvf, 

1ni)i;.\ ov CoiNTiii Ca.sk ^jj, 

Ijsukx of AiTKNmx ^,^j 



COUNTER CASE 



OF 



THE UNITED STATES. 



INTRODUCTION. 

C Pursuant to Article IV of tho Treaty of Ar- CountcrCas.. 

.bitratioii of 1892, between the United States 

^nd Great Britain, the Ag-ent of the United States 

iierewith presents to the Tribunal of Arbitration 

|he Counter Case of his Government, aceom- 

|)anied by certain additional documents, corre- 

|l)ondence, and evidence, in reply to the Printed 

pise, documents, coiTespondence, and evidence 

.|eretofore submitted by Great Britain. 

I The United State; conceive it to l,e the main c^oct of 

|..)t:a of the Counter Cases to present matter iu 

iebuttal of such points raised by tho Cases as 

fave not already been sufficiently dealt with, and 

|ml<I not reasonal)ly have been so dealt with, 

|uieiu. They do not, therefore, re-ard them- 

f'lvesas now called upon to traverse all the nosi- 

3 12304 1 ^^'' J 

I 



samo. 



2 INTRODUCTION. 

Object of Biime. tions niiiiiitiiiiu'd by Great IVitain in its Priutd! 
Case, and, where any of sueli positions not dis- 
cussed or refuted herein are at ^■ariance with thost 
assumed by the United States in their Print( (1 
Case, the Tribunal is respectfully referred to that 
document for a suflficiont expression of their view? 
concerning' the matters in controversy. 

The United States will deal more fully and 
at later stages of tliis controversy, through tin 
printed and oral arguments of their Counsel, with 
all matters requiring argumentative discussion. 

Original British On the 5th day of September, 1892, the Affeni 

Case and supple- "^ . 

™t'ut. of the United States received from the Agent of 

Her Britannic Majesty copies of the Printed Cas( 
of Great Britain. The United States considered 
that the Case thus presented was not a full com- 
pliance with the terms of the Treaty. A diplo- 
matic correspondence between the two Govern 
ments followed, in which the position of tin 
United States in regard to this matter was fully 
set forth,^ and, as a result of this correspondence , 
Her ]\[ajesty's Government delivered to the Agent 
of the United States and to the Arbitrators th( 
Report of its Bering Sea Commission, accompa- 
nied by the statement that the Government of 
the United States was at liberty to treat thi> 
Report as a part of the British Case. The Unites 1 



the 
wil 
801 
poi 
ato 



« Post, p. 139. 



'••1 



in in its Priiitc.! 
o.sitions not di.s- 
I'i.ance witli tliost 
ill tlieir Print( .1 
r referred to tli,it 
311 of their vie^^ t 
\'ersy. 

more fully and 
sy, through tin 
ir Counsel, with 
tive discussion. 
L892, the Agent 
rn the Agent u\ 
le Printed Cas( 
ites considers] 
not a full coni- 
'^tj- A diplc- 
e two Govern 
osition of tin 
itter was fullv 
>iTespondonc( , 
d to the Agent 
rbitrators the 
ion, accompa- J 
overnment of 
to treat this| 
The Unite.] 



INTJJODrCTION. 



3 



States have accordingly notified Her Majesty's Ori.in,.i nri.isi. 

Government that they regard the Case first pn-- ".'";;/''''' "'i''''"- 

Bented and the al)ove Report, taken togetliei-, as 

the whole of the British Case, and that no further 

opportunity is afloi-ded under the Treaty foi- the 

|itroductiou of matter not proi)erly in reply to 

tlie Case of the United States.^ 

I For the sake of more convenient reh-renco 

tiie term "British Case," wlien standing .h>n(^, 

Will refer to that portion of the same ih-st pre- 

iented. The term "Report" will retbr to the 

|)ortion last presented, consisting of the Report 

filoresaid. 

»iVs/,i).U7. 



■■% 






PART FIRST. 



^REPLV OF THE UNITED STATES TO THE 
BRITISH CASE FIRST PRESENTED. 



PART FIRST. 

REPLY OF THE UNITED STATES TO THE 
BRITISH CASE FIRST PRESENTED. 



THE TRUE ISSUES IN THE PRESENTCONTROVERSY. 

It appocars, from an examination of the IJritisli Di/rcronco of 
Case and the diplomatic correspondence above of A^luriti^u^"' 
referred to, tliat a different opinion is entertained 
by the two Governments as to the object and 
scope of tlie pre mt Arbitration. That Case is 
devoted ahnost exchisively to showing- that tho 
Government of tlie United States is not entitled 
to exercise territorial jurisdiction over the waters 
of Bering Sea or to exclude therefrom the vessels 
of other nations. On the other hand, the Case of 
the United States makes it plain that the main 
object had in view by the latter Government is 
the protection and jn-eservation of the seal herd 
which has its home on the Pribilof Islands. 

The distinction between the right of g-enend Protection of 
and exclusive jurisdiction over Bering Sea andj£ of' TZlt 
the right to protect the seals from extermination*'""' 
is wide and obvious. In order, therefore, to show 



8 



TIIK TUTE LSSUKS. 



Protection of that tlio lattor, and Dot tlio former, is tlio main 

scnls tlin Tiiaiii ob- 

jwt of Arbitra qiiostion Ix'foro the '^I'rihunal, tlic Au<'iit of tlio 

tiou. * . 

United States deems it ])roj)er to place clcnrly 
before it some importiint consi^irrations toii<'liin<»' 
tlie manner in wliieh tlie controversy resultinj^- in 
the Treaty of Arbitration arose, and to indiciitc 
what have at all times been re^^arded by the 
United States as the essential issues. 
Oiijiin of juris- Tlic diplomatic correspondence shows that as 

dictioiiiil toiitro- , ., 

versy. early as the year 1S87 the United htates clauned 

a property interest in the seals of the Pribilof 
Islands; that the (question of 80^ "reig'nty over 
Berin;:^ Sea was lirst introduced 1 IIer]\rajesty's 
Government and was not touched upon by the 
United States in the correspondence until t.hi'ce 
years after the first seizures of Ih'itish vessels 
had taken place; and that the subsequent discus- 
sion of that question has been at all times inci- 
dental to the main question,^ viz, the proper pro- 
tection of the seals. 
Lord Ralisi.nry ^^i^ tlic lOtli of Ktcptembcr, 1887, Lord Salis- 

uklse. l^^i^T' ^'^ ^ ^^^^^^ ^^ ^^^^ British Minister at Wash- 

ing-ton callino- attention to the transcript of the 
judicial proceedings in the cases of the Carohna, 
Onward, and Thornton^ referred to the ukase of 

'Mr. Blaine to Sir .Tnlian raiiiicef'otc, .Tunc 4, 1890, Case of tho 
United States, Api)i'iulis. Vol. I, p. 218, and also closing portion 
of Mr. ISlainc's note to Sir Julian Pauncefote, December 7, 1890, 
ihid., pp. 286, 287. 



he iiiiun 
t of the 
' clciirly 
foucliiii;^ 
ultinj;- in 
indiciitc 
. by tlio 

s that Jis 

* olilitlKMl 

Pril)il(»t' 
nty over 
Majesty's 
11 by tlie 
itil tlireo 
vessels 
it discus- 

iiGs iiici- 
opor pro- 



Tin: TKUn ISSUES. 9 

1821 aiul tlio tronticK of 1.S24 an'l 1825, niul in- 
sisted that they Wyvv eonchisivo in favor of Clreat 
Britain's ri^iht to take seals tliroiiuhout Ik-rinnf 
Sca.» 

The United States Government did not re])lv Mr. iinvaiM in. 

. . I /A 1 ■ vitcM iiitfiini. 

to the ponit thus raised. Un the contrary, ontinnni c<).ii»era- 

tion. 

tlie l!)th of Au'-ust, 18«7, Ur. Bayard, Secretary 
of State, had already sent out to various foreign 
f^overninents a note,' in which he said: "Without 
raisin**- any qu(;stion as to the excejitional meas- 
ures which tlie pecuUar chanicter of the })roi>erty 
in (putstion m-y justify this Government in tak- 
in;jj-, and without reference to any excej)tional 
marine jurisdiction that mig'ht proj)erly bo 
cliunied for that end, it is deemed advisable . . . 
to obtain the desired ends by international co- 
operation.** 

This -was followed on the Ttit of February, 
188'^ Mjy a note addressed to Mr. Phelps con- 
taining general suggestions for international 
action, which, in principle, ap])ear to have been 
assented to by Lord Salisbury.* 

' ApiHMidix to Case of the United States, Vol. I, p. 10^'. 
i! Apppiiilix to Ca.'.; of the United States, Vol. I, p. 1G8. 
^Appendix to Case of tlie United States, Vol. I, i>. 172. 
* Appendix to Case of the United States, Vol. I,i)p.l75, 212, 218. 



10 



rUV. TUIIK ISSlJIvS. 



Mr. i!.'.v,n.i in- Ou lli(^ 2(1 of Mjui'li, ISS.S, Mv. liavjird iv'-ivm 

vilcs interna-^ *^ 

fioiiai cooiKTii- iiisislt'd on tluf n(HM>ssll>- of nrotcctino' tlie seals 
tiou. • ' *^ 

"by ;m jirraii^cinioiit between flu* <^"oveinni(Mjts 
interested, witliont tlie United States bein<^' called 
iij)on to consider what special niensures of its 
own the excoj)tional cliaracier of llio |)ro[)erty in 
qnesti<»n niij^lit recjniic it to tuke, in cas(^ of tho 
relusid of foreit^n powers to gi\(i tlu^r co(">[)ei'a- 
lion."^ At piin-es KIS to l!ll of Vohnno I of tlio 
Appendix to the Case of the United States will 
be found the correspondence relating to the pro- 
posed internationnl measures. 
Mr. n 1 a i n .> 's On tho 22d of JaJiuary, 1 81)0, ]\[r. lilaine, Sec- 
retary of State, wrote to Sir Julian Pauncei\»tG, 
Her Majesty's Mhiister: "In the o[)inion of 
the President, the Canadian vessels arrestcid 
and detained in the ]iehrin<>- Sea were enuaned 
in a pursuit that was contra horns mores, a 
pursuit which of necessity involves a serious 
and permanent injury to the rights of the Gov- 
ernment and the people of the United States. 
To establish this ground it is not necessary to 
argue the question of the extent and nature of 
the sovereiu'iitv of this Government over tho 

t necessary to 






waters of the Behrin<>" Sea: it is 



explain, certainly not to di tine, the powers and 
privileges ceded by His Itn[)erial IVlajesty the 



' Appiiiulix t(» Case of tho lJui(*'(l States, Vol. I, p. 175. 



THE TiaiE ISSUES. 



11 



He I/, II 108. 



Fiiniioror of Tvussln, in tlui trciity l)y wliicli tlio Mr. itiai ik^'h 

' . Htil(..!lll0Ut <iC tlin 

Aliiskun 'r<!rrit(>ry wsis tmnstVTrod to tlic (Juitcd '•«'»«»• 
Stiil(\s. Tlio w(M;^lity cousIdcM-iitions n-n)vviiig 
out ottho iic((iiisitioti of that '^Perntory, witli sill 
tlu! rij^lits oil land and .s(!a inseparably conn<H'i,cd 
thcrowltli, may bo safcl}- left out of view, vvliilo 
the grounds are set forth upon vvliicli tliis Gov- 
ornnicnt rests its justification for tli(^ action com- 
plaiiu'(l of by Tier iVlajesty's Government," ' 

The grounds set forth were these: .Tnstidp.'ition of 

(1) 'V\u'. value of tlie sealeries and the absence 
of any interferenc(i v/ith thom down to 188G. 

(2) That the taking of seals in the open water 
rajiidly leads to their extermination, liecause of 
the indiscriminate slaught(!r of the animal, espe- 
cially of the female ; with which slaughter Mr. 
lllaine contrasts the careful methods pursued by 
the Uiiite<l States Government in killiiiir seals 
u[)on the Islands. 

(3) That the right of defense by the United 
States against such extermination is not confined 
to the three-i.iile limit, and Mr. Blaine remarks 
as follows: "Does Her Majesty's Govc'rnment 
seriously maintain that the law of nations is pow- 
erless to prevent such violation of the common 
rights of man'? Are the sup|)orters of justice iu 

' Ai)peudix to t'aso of tlio Uuitod States, Vol. I, p. 200. 



-'■ ^?#--*J*w«l° fc^iiyWiirrTS 



12 



TriF, TRUE ISSUES. 



seizures. 






I^ord Salisbury 
iiu;:iiii introduces 
uivuse. 



jusiiiiration of all ]inti<iiis to bo cleclnrod incompetent to prevent 
wroiiffs so obvious and so destructive? 

"In tlic judg-mcnt of this Government, the law 
of the sea is not lawlessness. Nor can the law of the 
sea, and tlie liberty which it confers, and which 
it protects, be perverted to justify acts which are 
immoral in themselves, which inevitably tend to 
results against the interests and against the wel- 
fare of mankind."^ 

These were the questions involved, according 
to tlie view of the Government of the United 
States. But, notwithstanding the clear manner 
in which they wore presented, and the explicit 
statement of IMr. Blaine that the right of the 
United States to protect the seal does not de^Dond 
upon tlie nature of their sovereignty over the 
waters of Bering Sea, Lord Salisbury in his note 
of ]\Ijiy22, 1890,^ again recurs to that subject by 
quoting Mr. Adams's protest against the ukase of 
1821, relying thereon to establish the right of 
British subjects to fish and hunt throughout Ber- 
ing Sea outside the tlu'ee-mile limit, which right, 
granting it to exist, M/. Blaine had already stated, 
would not afford the requisite justification.^ 

' Appi'ndix to Case of tlio United States, Vol. I, p. 200. 
• Appendix to Caso of tlio United States, Vol. I, p. 207. 
•Appendix to Case of the United States, Vol. I, p. 202. 



I 



I 



i 



■4 



THE ERRONEOUS TRANSLATIONS. 



13 



cordiiiii' 



It tlius iippears tliat at the inception of this Unitod stutos 
coutrovorsy the United States asserted no riglit tionui uyicuuicut. 
to sovereig-nty over ]5enng Sea, but souglit the 
concurrence of Great Britain in an international 
agreement for the protection of the seals, and that 
it was not until after this eflbrt had failed, on ac- 
coant of the op})o,sition of the Canadian Govern- 
ment,^ that llie Govenunent of the United Stjites 
undertook a reply to Lord Salislniry's assertion 
that the treaties of 1824 and 1825 with Russia 
precluded it from protecting the seals in Bering 
Sea beyond the three-mile limit. It w^as in this 
manner that the first four questions stated in tho 
Treaty of Arbitration ^vere raised. It is not in- 
tended to say that they did not occupy a promi- 
nent place in the diplomatic correspondence, but 
only to point out that, long before they had 
arisen, the other and more important issues sub- 
mitted to this Tribunjd had been tho subject of 
elaborate discussion between the two Govern- 
ments. 



THE ERRONEOUS TRANSLATIONS OF CERTAIN 
RUSSIAN DOCUMENTS. 

Sometime after the United States Govern- imposition ].rac- 

14 p TT ticctl upon United 

ment liad delivered its Case to the Agent oi Her states Govciu- 

nicnt. 

Britannic ]\b(jesty, it learned that an imposition 



' Appendix to Case of the United States, Vol. I, pp. 21IJ, 2j6, 218. 



14 



THE ERRONEOUS TRANSLATIONS. 



Imposition prac-liad been practiced 111)011 it by a faithless official, 

ticiMlupouUiiittMl /^ I J ' 

States Govern- {iiitl tliat it had rcliod on certain translations of 

uient. 

lliissiaii docunieiits made by him, appearing in 
the first volmne of the Appendix to its Case, 
Avhich translations had in reality been falsified to 
a considerable extent. Notice of this was im- 
mediately given to the Agent of Her Britannic 
Majesty, and as soon as possible he was furnished 
with specifications of the false translations and 
with revised translations of those documents 
which the United States now retain as a part of 
their Case.^ Copies of the revised translations 
and of the notes sent by the Agent of the United 
States to the Agent of Her Britannic Majesty in 
connection witli this matter have already been 
delivered to each of the Arbitrators. 
Partial restate- Soiiic evidence wliicli the United States Gov- 

nient of its (Jaso 

uec(;s3ary. eriiment had relied on, to prove that for many 

years prior to the time of the cession of Alaska 
Russia had prohibited the killing of fur-seals in 
the waters frequented by them in Bering Sea, 
thus turns out to be untrue ; and it now becomes 
necessary for the United States to restate, in part, 
their position in respect to some of the questions 
submitted to this Tribunal. In so doing they will 
at the same time introduce such criticisms upon, 
or rebutting evidence to, the British Case as may 
seem to be called for. 

' Fost, pp. 151-174. 



PERIOD PRECEDING THK TREATIES. 



15 



official, 
tioris of 
iring in 
ts Case, 
sified to 
was iin- 
)ritaniii(; 
irnished 
ons and 
ciiments 
\ part of 
iislations 
3 United 
ajesty in 
,dy been 

tes Gov- 
31' many- 
Alaska 
seals in 
ing Sea, 
becomes 
in part, 
uestions 
ley will 
IS upon, 
as may 



■ ' Si" 



I 



THE SITUATION ABOUT BERING SEA AND ON THE 
NORTHWEST COAST DOWN TO THE TREATIES OF 
1824-5. 

Russia appears to have first definitely asserted Russia r eoio- 
her rights to the territory surrounding- Jiering 
Sea, and to the Northwest Coast of America bor- 
dering upon the Pacific Ocean, in the ukase of 
1799. It was clearly the intention of the Russian 
Government, as manifested both by this ukaso 
and by its subsecpient action down to the time of 
tiie cession of Alaska to the United States, to 
maintain a strict colonial system in the regions 
above mentioned. And the records show tliat 
down to a period as late as 1867, the year of tlio 
cession of Alaska, Russia persisted in this policy, 
although the control she exercised over those 
distant regions was not always vigilant enough 
to prevent a certain amount of unlawful trade 
with the natives from being carried on there in 
disregard of her ju'ohibition. 

Tiie ukase of 1799 was directed against for- ukasoofiToo. 
eigncrs. Upon this point a rpiotation is given 
from a letter from tlie Russian American Com- 
pany to the Russian Minister of Finance under 
date of June 12, 1824, as follows:' "The ex- 
clusive right granted to the Company in the year 
1799 imposed the prohibition to trade in thoso 

' A fiienimiloof this tlociimoiit wasdolivured to the British Gov- 
eruuieut uu November 12, 1892. 



16 



rKRIOD PRECEDING THE TREATIES. 



Ukase of 1799. regions, not only u})on foreigiuTs but also upon 
Russiiin subjects not belongino- to the Company. 
This prohibition was again allirined and more 
clearly defined in the new privileges granted in 
the year 1821, and in the regulations concerning 
the limits of navigation." I'liis interpretation of 
the ukase of 1700 is sustained by the subse(|uent 
history of those same regions. 

chapt.nr I of In Chai)ter I of tlie British Case an endeavor 

lUitisli Case. i 

is made, however, to show that under the ukase 
of 1700 Russia reserved to the Russian American 
Company no exclusive rights as against foreign- 
ers, and that for many years prior to 1821 the 
waters affected by the ukase had been freely 
used for all purposes by vessels of all nations. 
This is sought to be made out by treating the 
waters of Bering Sea and those adjoining the 
Northwest Coast of America as a sin<>'le area; ^ and 
numerous instances are referred to in whicli 
portions of this area, namely, the shores and 
waters of the American coast east and south of 
Kadiak, were visited by foreigners for trade 
with the natives. 
Distinction bo- Tho territories and waters which tlie 13ritisli 

(wci'u Pii'i'iiijj Soil 

iTuioii aiuii'iuiiic Q.^;^(3 tiiug confounds the United States liave 

Occau, 

carefully distinguislied, and they take issue with 
Iler Majesty's (lovernment upon the point that 

> UritisU Case, p. 13. 



I'KlilOl) rilKCKDlNG TIIK '['UKATIES. 



17 



t also upon 

Compiiiiy. 

and more 

ii-ranted in 

concernhi}^ 

pretation of 

subse(j[uent 

.n endeavor 
,Y the ukase 
11 American 
nst foreign- 
to 1821 the 
been freely 
all nations, 
treating- the 
Ijoining the 
e area ; ^ and 
in Avhich 
shores and 
nd south of 
s for trade 

the British 
States have 
e issue with 
e point that 



"no claim lias l)een advanced by Kussia which Distinrtion ho- 

t\ve«Mi Hciiii;; Soil 

could i)ossibly render a distinction between '"'^'i"" ami I'li'^'iic 



IV'hrinu- Sea and the main Pacific of the sliiilitest 
importance" (British Case, p. 60). The United 
States have devoted a jjortion of tlieir Case, 
under the title "Claims to tlie Northwest Coast" 
(pp. 26 to 33), to sliowing that tiie })art of the 
American continent which is washed by tlio 
Nortli Pacific Ocean was being constantly visited 
by vessels of all nations, and that senous con- 
flicts arose as to tlie trading rights there. Indeed, 
of all tlie voyages of foreign vessels, whether 
for discovery or trade, enumerated at pp. 14 to 
20 and 29 to 31 of the British Case, not more 
tliaii two or three relate to tlie shores and 
watw'r; v»f ]3ering Sea. The fact is, that, while 
Iviissia's title to everything south and east of the 
Alaskan Peninsula Avas, in the early part of this 
ccntur}', in serious dispute, her title to the 
coasts north of this peninsula and to the iVleutian 
Islands, based upon prior discovery and occupa- 
tion, was admitted on all sides, and her rights 
there were respected by all nations. This has 
already been pointed out.^ 

The British contention (British Case, p]). 33, 
; l»o, 64) that the United States contested Russia's 

' Ai)i)L'ndix to Case of tlio Uiiited States, Vol. I, pp. 12, 13, 
_ 1 sixiiiilly the extracts from tbo (Quarterly Review aud the North 
: \inencau Ileview. 

i 12364 2 



Oceau. 



ill 



18 



ri:Rioi) ruECKiuNG the theatiks. 



1 1 



Distinction 1)0- title to Jiiiy ixH'tion of tho Nortli Aincricaii con- 

twrt'ii lIcriiiLC •'^''ii 

n-ioii aiuii'uciiiotiut'iit is sufHcic'iitlv tlisixtscd ot'by Ji ruiiuirk 
made by Mr. Middleton, in whicli lie shows that 
he is merely denying her claims to any portion 
of the coast east ;uid sontli of Prince William 
Sound, or tlunvabouts. lie says, speaking of 
the early Russian discoveries: "From these dis- 
coveries Russia derives h -r rights to that long 
chain of islands intervening between the western 
and eastern continents, and even to a very con- 
siderable portion of the (Continent of America — 
riglits which have never been contested."^ 
Ukase of 1821. The ukase of 1821, which was a renewed dec- 
laration of the colonial system already referred 
to, prohibited to foreign vessels the a})proach 
within one hundred miles to the shores of Bering 
Sea and to a large portion of the Northwest 
Coast of America bordering on the Pacific Ocean. 
The objects thereby sought to be accom^dished 
are set forth at pp. 38 to 40 of the Case of the 
United States, 
riiaractor of Mucli miscoiice])tion exists in the British Case 

ovff Bciiuii Sea. .,^ ^^^ ii^^, character of the control which the United 
States claim was exercised or intended to be ex- 
ercised by Russia within this limit. The Govern- 
ment of the United States has already shown, at 
p. 57 and pp. 2i)5 to '6()S of its Case, that it does 

I ApiJiMKlix toC'aso ol'tlic riiiti'd States, Vol. I, p. IH, aud Aiucn- 
can State I'aiuirs, roii'i,;;n ivelatioiis, Vol. V., ji. '150. 



PKHIOI) I'iniCKDINO TIIK TUKATIES. 



19 



can con- 
, rciiiai'k 
ows that 
J portion 
William 
iiking of 
licse clis- 
hat long 
D western 
rery con- 
niorica — 

jwed dec- 

{ referred 

a})proa('h 

of Bering 

ortliwest 

10 Ocean. 

uplislied 

se of the 

tish Case 
le United 
to be ex- 
Govern- 
^hown, at 
at it does 



i 



not ini])ntc to Kiissia an intention to treat tlie one- ciiavactcr of 
liiiii(lrc(l-iuil(' belt as teri'itory belonging to her, "^'i' i't'i''«'K«Li». 
uitli tlic right to exclude therefrom vessels of 
other nations for all pur[)oses. Nor have tho 
United Stat(is any wish to dispute the construc- 
tion given by tho P>ritish Government at j)p. 38 
to 40 of its Case, so far as it is designed to show 
'that the main purpose of the ukase of 1821 was 
the protection of Russian interests upon the 
sh<»r('s of the colonies, and that its maritime pro- 
visions were only intended to serve the purpose 
of cll'cctually carrying out such protection. 

'IT.c distinction between the right of exclusive No oxciMsive 

territorial Jiiris- 

territorial jurisdiction over Bering Sea, on the «ii«t'"" *^i''''"«^'i' 
one liand, and the right of a nation, on the other 
hand, to preserve for the use of its citizens its 
interests on land by tho adoption of all necessary, 
e\en though they be somewhat unusual, meas- 
ures, whether on land or at sea, is so bi'oad as to 
re(|uir(i no further exj)Osition. It is the latter 
rij:lit. not the former, tliat the United States con- 
tend to have been exercised, first by Russia, and 
hiter by themselves. 

The ukase of 1821 evoked strong protests 



IHt', 



iuid tlie character of these jn'otests is explained at 
|)ages 50 and 51 of the Case of the United States. 
It is furtlier pointed out at pages 52 and 53 
~aud Auicvi- 9 ^'''^^ ^'^ ^^'^ treaties resulting from these protests 



uk 

iujf treaties. 



list 
lit- 



20 



rEicioi) i'Ui:<jKi»iNG Tin; tkkatiks. 



II 



■ f 



I'n.tistsaKiin.st ii chNir (listiiictioii is iiiteiulcfl to bo drawn be- 

iikiisc, ,111(1 result- 
ing ticatiea. tvvet'ii tlio Pucifio Occaii and Ik'i'iiif,^ Sea, and 

that by formally withdrawing* the operation of 
the idcase as to the Paciiic Ocean, but not as to 
IV^rliig" Sea, a recoj^nitionof its continued opera- 
tion over the latter l)ody of water was necessa- 
rily inijdied. The chief evidence, aside from that 
contained in the treaties themselves, upon which* 
the United States rely to establish this conclusion, 
is the seventh paragraph of the conference rejjort 
of the Russian imperial committee, appointed in 
1824, which report is referred to at page 54 of their 
Case.^ 
i'tSr "^ ^^''^ ^* pages 57 and 73 of the British Case an 
incident arising out of a voyage of the American 
brig I*earl is cited to prove that, in the year fol- 
lowing the promulgation of the ukase, Russia 
acknowledged the maritime jurisdiction claimed 
therein to be without warrant as to any of the 
waters to which it related. The facis of the case 
are not, however, susceptible of such an inter- 
pretation, as will ap})ear from the following: 

(1) The Pearl ^vas in the year 1822 suddenly 
ordered out of the harbor of New Archangel, 
where she had been lying for nearly a month.^ 

(2) The day following she was boarded by the 

' TJio rcvisetl triinHljition of this report apixMrs in tbo Appoiulix 
to the. Counter Csise, p. 157, and slioiild bo couHulted. 
ij'ost, p. 175, 



TKlilOIi lY)LLO\VIX(} Till', TUKATIES. 



21 



Russian cruiser yV//o, but tliore is no oviaouco /'aso or tho 
to sliow tliat tliis l)oiu-(lin<r occurred in extrater- 
ritorial waters; on the contrary, tlie just inference 
i'roin the worils used in th(; protest "Ordered to 
h'ave the coast immediately," and from the siiiglo 
casual mention of the occurrence, is that it took 
place near the shore.^ 

(3) The owners not only ])leaded complete 
ignorance of the ukase (and in this they were 
sustained by the fact that the vessel had sailed 
before the United States had received notice of 
tlie same), but they distinctly admitted that they 
would have obeyed its injunctions had they 
known of it. ^ 

(4) The Russian Government insisted up to 
tlie very last that the Pearl had violated Rus- 
sian law, and that the indenniity was j)aid only 
witli a view "to cement those ann'cable relations 
to which the convention of April D-ll has just 
added new value." ^ 



PERIOD FOLLOWING THE TREATIES, 

The strict colonial system, inaugurated by co„ii„„ntfon of 
Tiussia through the ukase of 1799 and recognized *"''""'''^"^"'""'- 
in express terms to exist by the treaties of 1824 
and 1825, was continued thi-oughout the })eriod 

'i'os/, p. 176. 
« rosi, 1). 177. 
3Pos<, p. 180. 



'^2 






1} 



u 



Cas;' of 
riut. 



TEinOD FOLLOWIN(i TIIK TKEATIKS. 

followiiin- flio ('pl('l)rntioii of tlios(> troMtics, nnd 
clear (nidciicci (►(" tliis is rmnislied hy tlic case <»f' 
tlio /-«-tl,o Uriot, citod at ])p. 7!) to 8.'] of tlic liritisli 
Case. l)o('ii>iii<>' tliis incident only indircclly 
relevant to the (|ii('stion of riylit in and about 
]iciin<j;' Sea, the United States dismissed it in 
their Case with a very brief mention ;' but the 
importance <>iven it by the JJritish Goverinnent 
now recjuires a more complete statement of the 
facts and issnes involved. 

The treaty of 1<S24 jirantcMl for a term of ten 
years certain tradin*];- privileges nj»on tlie coast 
between Yakntat Hav and liititu(h^ 54° 40' north." 
On Mav 19, 1835, the United States wen* noti- 
fied by the Russian IMinistei- that the ])rivileo(.s 
had come to an end and that the caj)tains of two 
American vessels at Sitka had been recpiested to 
take notice of this fact. The United States there- 
ii])on initiated strenuous ellorts to obtain a re- 
newal of the ])riviler>'es in question, and while 
doing- so nev. vs was ivceivcd of the seii«ure by the 
Russians of the Loriof, an American vessel, for 
trading upon f ne Northwest ( -oast, in latitude 54° 
55' north, *. e., just above the southernmost limit 
referred to in the treaty of 1824. 

' Case of tli»! riiit.'d States, ]). .59. 
«Caso of tlio United States, p. 58. 



PERIOD FOLLOWIXO TIfF. TltKATIKJ*. 



23 



Viirormis ])r<)tosts foUowofl on tin* part of tlio raaoof the t.o- 
United States tind conipensjitioii was demaiuled, 
tlie protests l)oiii<^ used to stren;i'tli(;ii tlie claim 
i 'readv put forward tor a renew al ot"tli(» ten years* 
privilef;('s. A siinnnary of tlie di])loinatic coiTe- 
s|t()iiden{'e will be found in tlie Ap])endix hc^retc* 
It is sutlieient to say hercf tliat the Knssian Govern- 
iiicnt was so obdin'at(f in its reinsal to rocodo 
iVoiM its position, that the United States Govem- 
iiKiit was eventually compelled to r(;co;:>iiize tho 
correctness of the same and to completely aban- 
don its claim. In so far, then, ar. the Ijonot case 
has any bearing- upon the questions hero in- 
volved, it shows that the United States Govern- 
ment recoy-nized and acf|uiesced in the colonial 
system wliidi Russia maintained, even to tho 
south of Sitka. 

Chanter IV of the British Casetreatsoftho waters , <^'V'>P.t';r, iv of 

' tho LSntmli Case. 

of Bering Sea and the TacHic Ocean adjacent to 
the Northwest Coast during the period following 
tlit^ treaties. Some of the vessels referred to as 
having made voyages to those regions visited tho 
Xovthwest Coast only where, it is to be remem- 
bered, for ten years after the treaties trade was car- 
ried on by American and l^ritish citizens with tho 
ex))ress consent of the Russian G ovennnent. After 
l'S35, however, most of the voyages that extended 

' ro»t, p. 18(M84] 



89 



24 



rKKlOl) FOLLOWING TliF, TK'HATIKS. 



(Mi.ij.f.r !¥ ofto tlic COilsl HoHll of liltllll(l(^ l")]'^ 10' WOYO. ill 
thu Hriti.sli ('iiHC. 

violiition of l\*iissi;m law. All viol;itio)is luay not 

liav(i hccii punisluHl, hut that tlio law wns iioiu* 

Iho loss in t'orco is sliown hy th(^ soiscnro of the 

JjOf'iof, \)y \\\o. ])r(U'laniation of th(^ United States 

Govornnunit in IS 15,' and hy the |»ro('laniation 

of tlu^ Ivussian Government in 1S(I4.'" 

Visits <.r wiini- ljiit(M', how«n-er, especially in tlui years follow- 
ers lo lt( rinj; Sea, ■ i .- 

in<>' 1840, lierinii' Sen, Wiis aetually visited, ns 
pointed ont at pp. S;} to 1*0 of the Ih-itish (!ase, 
by innn(M'ous vessels, mostly whnlers. Jhit it 
is shown by B;nu'roft, the author so fr(i(pie]itly 
quoted by tlu^ Bi'itish (JoNci-nment, that the 
Avhidinu' industry was not, for the llnssiiins, a 
prolitiihhi one,'' and there iippears to have been 
no motive for protecting' that industry by the 
im))erial id^ase or the reii'ulations of the colo- 
nial government. IJanci-oft is also i-eierred to 
in the British Case (pp. S,'5 and <S4) to show 
that in 1(S42 the Russian (Jo\-ernment refusecl 
Etholin's re(juest that Bei-in'n" Sea bo protected 
a<>'ainst invasions of forei»i'n whalers, on the 
ground that the treaty of 1S24 between Russia 
and the United States ii-ave to American citi- 
zens the rij^ht to ""^an'o in iishin<^' over the 



I 
4 



' Caso of tlio Uiiit(!tl States, p. 59. 

« I'onl. y. KM. 

Hhiiicio'' :; Alii"Va, p 5«t. 



l'i:WI<)l> K(»r.LOWIN(} 'I'lIK TUKATIKH. 



25 



•oro m 


liiy not 


s iKHu^ 


of llio 


Stntos 


million 


follow- 


itctl, MS 


1 (^ilSC, 


Jiut it 


jucntly 


lilt tho 


siiius, !l ' 


'0 been 


by tho J 


e colo- i 


ITOfl to J 


o show J 


rchisod ! 


'k 
•Ot(H't('(l 1 


on tho 1; 


Uussiii 1 


iui (uti- ;; 


^or tho :j 



\vli(»l(' (Extent of tiio l'ii(tili<', Ocean.' Fi-oim wiiiit visits ..r wiiai- 

•TH to Ikiriii;; iSoii. 

is siiid, liowovor, by tliis siiino Jiuthoi- imnicdi- 

.ilcly lolhiwinj;- tlio iibovo citiition, it iij>|)«'iirH 

tli;it, lhi'ou,i;h thi^ (didoiivoi-s ol" lOtliulcii, "tiio * 

(loNcniiiKint !it K'n^tli roicrrod tlic iniittcr to a 

cniuinittcH! (■.oinj)os('d ol" olliciids ol" llio niivy 

<l('|»iirtiiH'nt, who r('|)<u"tod tliiit the cost ot" littinj^ 

(tut ii cruisei- for the jirotection of liitrino' Sea 

ii<;iiinst foreign wliahirs would hi; 2(»(),<)()()roubh .s 

in silv(!r ;iud tlie cost of iiiiniitiiiiiin;^- such a ci'Jift 

sr),0()() roubhis ji yeiir. 1\) thisaroi'oniniendiition 

\v;is iuhled tliiit, if tlui compimy weri! williiiin' to 

iissuMie tlio oxpendituri^, Ji cruiser slioidd iit onco 

he ))huHHl at their disposjil.'" Jbnice, !iccor<l- 

ini;' to l)iincroft, tlie fiiibire to ])rote('t Hiirinj^ 

Scii ciui not be triiced to the iiicl tliiit tli<! Ixussiiin 

(lovernineiit considi^red it hiid lost th(M*i;^ht to 

do so by the treiities of I.S24 and l.S2.^. 

The ijositioa of t]w l'iiiit<'d Stiites does not, >iui>f topmiort 

' seals lint rcliu- 

]i(n\(!vei', d(![)eii(l or ;h(( frre;4oin;4' exphiniition'i'"*''"''* 
hciiin- tho tnui one. Why liussiii chiiined to 
I'liiird her coiists for ii (listivnce of \\)i) miles has 
iihciidv boon ])ointed out; tmd from the fiict thiit, 
Inr wlijittver reiison, sIk^ nwiy Iwive suffered tho 
(•;in'\ino- on of wludiu";' or of iiiy sort of Jisli'mrj 
' ' Jerinj,^ Seii, it does not follow that slio reliii- 

■ IttiiKaoft'H AlaHkti, ]). 58:i. 



2G 



PERIOD FOLLOWINT. THE TREATIES. 



1 , 



quislied her dear ri«4ht to protect her seal herds 

on their way to and from tlieir breeding grounds. 

Evidonre of Even as to the whalers this much is certain: 

Hnv\i'illiiiH'i) over 

Bciiiig.sca. their movements Avere, after the ye.nr 1850, or 

thereabouts, closely watched; and in support of 
this, and of the broader proposition that a 
general surveillance was exercised over the colo- 
nial seas, the following evidence is offered. 

It appears that in 1849 foreign whalers visited 
the Pribilof Islands. This evoked from i!'^ 
board of administration of the Russian AmerictV! 
Company a letter to the chief manager, dated 
July 13, ISoO, in wliicli it is said: "At the 
same time the board of administration ex- 
pects that you, like your predecessor, liav(^ 
taken all necessary measures for guarding the 
Pribilof Islands, which are of sucli importance to 
the Company, from a repetition of similar att(Mnj)ts 
on the part of foreigners. In future, and until 
the clearing of those waters from whalers bv 
means of a cruiser, of whose sending the 
board has already received information, you are 
directed to order the Com[)any's cruisers to pay 
particular attention to the Pribilof Islands."^ 

On the 18th of A})ril, 1852, the board of adinin- 
istration again wrote the chief manager concern- 
ing the visits of foreign whalers, and stated that 

' I'oat, p. 199. 






rEh'IOD FOLT.OWING THE TREATIES. 



27 



»i 



itliMd roqiiosted tlie goveriior-goncral of ]^:ii8t- JCvi.ionco of 

c<M • u' 1 i 1 ^ sm\fiil;ince over 

cm hibenu, in order to save the Coinpaiiv from i<^''"« sea 
injury caused by sudi occurrences, to issue in- 
structions, ninking- it tlie duty of sucli armed 
cruisers as liis excellency may luive at his dispo- 
sition to patrol the colonial seas, especially 
ju-ound the Connnsinder Islands," where the for- 
ci.i^'u whalers were reported to assend)le in oreat 
mnubersin the rammer season. Contiiuiino- the 
l)()nrd directed the chief manager " to fit out a 
Company's cruiser, independently of the naval 
cruiser, and to instruct it to cruise in those places 
wjiere, on close investigation, it may appear nec- 
essary."' 

On the 20th of Mnrch, 1853, the board of 
a.ltninistration of the Russian American (Unn- 
ji.iny wrote to the chief manager, (/\v'm<y full 
'lirections as to the disj)osition to be made of 
tie <'oi.,nial iieot in that year. One vessel was 
'o ''bi3 sent at tlu^ end of April to cruise and 
K' < ]) a watch over the foreio-n whaling- v«\ssel3 
II. ti- - arhern part of Bering Sea and along the 
Aleutian grou))," and this vessel was to cruiso 
throughout the above district continually, enter- 
nig port only in cases of necessity. Another 
vessel was to proceed to the northern part of 
leering Sea and there do ciu.y as a, cruiser "to 

P ^y^^tc h over the foreign whalers and the 

' I'oat, p. 200. 



28 



ri:i{K)D I'OLLOWING THE TUEATIE3. 



Evidoiico of Kiij^lisliiTU'ii with ro'j^'Jircl to tlie trtiilo carried on 

mirvcilliiiicc ovrr 

lieiiny Sea. bv tllCUl witll Olir savaKOS."^ 

One of tlie concludiHjriiijunctions of tliis letter 
to tlio cliief manager is as follows: "That the co- 
lonial seas, so far as possible, be visited in every 
part by the Company's cruisers for the pur- 
pose of keeping watch over the foreigners, and 
f ''(is purpose, in giving instructions to our crui- 
se; that you conform yourself to the intended 
movements of the Com])any's whaling vessels, 
which can also do duty as cruisers if they are 
carrying on their fishery in Bering Sea, and pro- 
vide that the Com])any's vessels designated for 
visit'ug the many islands of the colonies be, so 
far as })ossible, under the coimnand of naval 
oflicers."* 

On the 20th of June, 18G1, the chief manager 
wrote to lienzeman, of the im})erial navy: "It 
has come to my knowledge that two whal- 
ing vessels have been sent this ) ear from San 
Francisco to trjide on the Pribilof Islands. I 
therefore requcfst your excellency, during the 
time a})pointed for your voyage,, to do duty as a 
cruiser on the exact basis of the instructions 
herewith inclosed, which have been approved by 
the Emperor."^ 

' I'o»t, p. 161. 
« Vast, p. 1G2. 



PERIOD FOLLOWING TlIK TKKATIKS. 



29 



lis letter 
t the co- 
Lu every 
he piir- 
ers, and 
wr cnii- 
iiitended 
vessels, 
the}' are 
and pro- 
lated for 
38 be, so 
Df naval 



maTinp^er 
y: "It 
o whal- 
[rom San 
ands. I 
irnig- the 
nty as a 
trnctlons 
roved by 



While it does not appear from any of tlie fore- Conclusions 

Cniin foregoing 

iroiiiir docnn.ents to wliat distance from the shores ^'vitiuH^^-'- 

of IV'iing Sea Russia actually sought to protect 

her colonies against inroads from foreigners, yet 

tlicro is nothing to show that she had in the 

iiicninvliile receded from the position taken in the 

ukase of 1821 and sanctioned, as the United 

States claim, by the resulting treaties. On the 

contrary, iLc broad language in which a patrol 

of the olonial seas is directed to be instituted, 

esi)ecially about the Pribilof and Commander 

Islands, strongly suggests that even at this late 

period Russia was still safeguarding her colonial 

interests by all necessary means. 

f It is true, no instance appears to have been 

i(H'or(led where a vessel was warned or seized 

, lor actually killing fur-seals in the waters of 

■' licring Sea. But in view of what we know of 

'y U'nssia's solicitude and care for her sealeries, 

] c.s})ecially in the years following 183G, it can not 

\ he doubted that such killing, had it occurred, 

<\ 

I would have been regarded as unlawful. In mak- 

I ^ Knssiii's iiction 

? iiiu' this assertion the United States believe thev^" ^^'■^^• 
arc fully sustahied by Russia's action during the 
sunnner of 1892. In that year sealing vessels 
.isscnibled in great numbers about the Com- 
maiider Islands and killed fur-seals in the extra- 
territorial waters surrounding this group. Russia, 



•Rn-BsRanmMM.'MU 



30 



PEHIOl) FOLLOWING THE TREATIES. 



Russia's action ;iiiticipatiiii>" that liGi' soal llCTcl would bo tllllS 
inl«t)2. . . 

preyed upon, liad dispatched to tlioso waters in 
the early part of the season tv"^ cvnisers, wliieli 
seized six vessels, five of them liritisli and one of 
them American, carrying them in from a distance 
greater than three miles from any land.^ 
Final ohsorva- In conclusion, aud by Way of final observation 

tions nponliistori- 

c.ii an.i Jniisdic- 1,1)011 tlus })rancli of the controversy, the United 
States Government has only to say that in its 
view the whole subject of the character and ex- 
tent of the Russian occupatii and a.ss( . tion of 
right in and over Bering Sea, and all the diplo- 
matic discussion which luis taken place in refer- 
ence thereto, is of secondary and very limited 
importance in the consideration of the case sub- 
mitted to the Tribunal, and it relies upon the 
evidence submitted in respect to that subject as 
showing only: 

First That soon after the discovery by Eussia 
of the Alaskan regions, and at a very early })e- 
riod in her occupancy thereof, she established a 
fur-seal industry on the Pj'ibilof Islands and 
annually killed a portion of the herd frequenting 
those islands for her own profit and for the pur- 
poses of commerce with the world; that she car- 
ried on, eherished, and protected this industry 
by all necessary means, whether on land or at 



' Puxl, p. L'Ol. 



PERIOD FOLLOWING TilK TREATIES. 



31 



sea, tliroiigliout the whole period of her oceu- .Final oi,s,.rva 
|)Miicy and down to the cession to the United SranirimSmil 
States in 18G7; and that the acquisition of it was*""'"""""" 
one of the principal motives which animated the 
United States in making the i)urchase of Alaska. 
Second. That by no act, consent, or acqnies- 
cence of Kussia was the right renounced to cany 
on this industry without interference from other 
nations, much less was a right in other nations 
to destroy it in any manner admitted or recoo-- 
iiized; and that no open or known persistent 
attempt had ever been made to interfere with it 
down to the time of the cession of Alaska to the 
United States. 

Tln'rd. That the claim now made by the United 
States Government of a right to protect and de- 
fend the property and interest thus acquired, and 
wliich it has ever since sedulously maintained, 
wliile in no sense dependent upon any right pre- 
^i(.uly asserted by Russia in the premises, is, 
nevertlieless, in strict accordance with, and in 
continuation of, the industry thus established and 
tlie rights asserted and maintained by Russia in 
connection therewith. 



r 



32 



rUOTKCTION AND PUOI'KKTY IMOHTS, 

THE RIGHT OF PROTECTION AND OF PROPERTY 
IN THE ALASKAN SEAL HERD. 



British view of At pnges 11 aiul 135 of tliG Hritisli Caso tlie 

JH-n to I! t idll illlil 

pioi.Lity ciiiims. proposition submitted in flu; iit'th question of 
Article VI, viz, wlietlier the United States have 
any rig-lit of protection or of property in the fur- 
seals of the Pril)iU>f Islands when found in extra- 
territorial waters, is descriljcd as new in the 
present discussion and as beino- of an iniprece- 

dented character; all of wliich the United States 
deny. 
iTistory of i.ro- In view of tlic Correspondence which has re- 

toi'tion Mild proj)- 

oity claims. suited ill the submission of tlie fifth (piestion to 

arbitration, this declaration is most surprising. 
As early as August 19, 1887, Mr. Bayard, in his 
note, sent out with the ho])e of obtaining- the co- 
operation of all governments in the protection of 
the seals, speaks of the " exceptional measures 
which the peculiar character of the property in 
question" might justify the United States in 
taking toward its preservation.^ A similar state- 
ment was again made by him March 2, 1888.^ 
Mr. i?iain«i in- Mr. Blaiue, in his note to Sir Julian Paunce- 

nihtM Oil right of 

luotcctiou. f(jti^ of January 22, 1890, insisted on the right of 

the United States to protect the seals, quite irre- 
S[)ective of any peculiar rights in Bering Sea.' 

' Apiii'iulix to Case of Uiiitod States, Vol. I, p. 168. 
■^A]>i)('ii(lix to Case orUiiite<l States, Vol. I, p. 175. 
"Appendix to Chsu of Uuitcd Statts, Vol, I, p. 200. 



riloTKCTlON AM) I'UOPKirrY IMfHITS. 



ROPERTY 



33 



Tills note lin.s already been roforred to at some Mr. i!iain« i„- 
l(mgtli {ante, p. 10), and 8o,„e of the .^rounds have pi^llclL:!"''^ "' 
been pointed out upon wliicli tlie United States 
Oo\enunent deemed itself justitied in it.s action. 
Mr. JJlaine assimilated this right of protection to 
that confen-ed upon Great Ih-itain by her "owner- 
shij)" of the Ceylon pearl lisheries. Although 
it is not specifically claimed therein that tho 
United States own the seals, yet the point is 
strongly sug-gested, while the right of protection, 
iirespective of strict ownership, is asserted in 
clear terms. 

On June 4, 1890, Mr. Blaine wrote to Sir Mr. Bi.afno ..,- 
-Julian Pauncefoto: "May I ask upon whatSa?"'"""'^*''^ 
-rounds do the Canadian vessels ass'ert a claim, 
unless they assume that they have a title to tho 
increase of the seal herd? If the claim of tho 
United States to the seals of the Pribilof Islands 
be well founded, we are certainly entitled to tho 
increase as much as a sheep-grower is entitled to 
the increase of his flock."^ 

On the 17th of December, 1890, Mr. Blaine Juri,s.iiction-.i 
uddressed to the British Minister an exhaustive EliXr' ^'" 
note in relation to the construction of the ukase 
of 1821 and the treaties of 1824 and 1825.2 
Notwithstanding the earnestne ss and vig-or with 

' Appendix to Case of Unitod States, Vol. I, p. 2V3. 
'Appendix to Chso of United States, Vol. I, p. 2G3. 
12364 3 



BB 



'' 



34 



PROTECTION AND PROPEUTY RIGHTS. 



Mar 
doctri 
cablo 



jurisdict ion ill wliicli he had defended hi.s position based upon 

(|iu;8tiiiiiH not the 

true issue. those documents, he insisted at the close of liis 

note that he had not been dealing with the true 
issues in the case; and he forthwith proceeded to 
state those issues by quoting- the followinj^ from 
a disi)atch written by Mr. Plielps when United 
States Minister at London to Mr. Bayard, Secre- 
tary of State, on the 28t]i of September, 1888:^ 
■e clan sum <( Much learnini]: has been ex))ended upon the dis- 

no luappli- ^ ^ ^ 

cussion of the abstract question of the right of 
mare clans urn. I do not conceive it to be appli- 
cable to the present case. 
Mr. Phoips as- "Ilercis a valuable fishery, and a large and, if 

serfs <i\viier8bii> in 

ei;uioric8. properly managed, permanent industry, the prop- 

erty of the nation on whose shores it is carried 
on. It is proposed by the colony of a foreign 
nation, in defiance of the joint remonstrance of 
all the countries interested, to destroy this busi- 
ness by the indiscriminate slaughter and exter- 
mination of the animals in question in the open 
neighboring sea, during the period of gestation, 
- when the common dictates of humanity ought 
to protect them, were there no interests at all 
involved. And it is suggested that we are pre- 
vented from protecting oursv^lves against such 
depredations because the sea, at a certain dis- 
tance from the coast, is free. 

'Appendix to Caso of Uuited States, Vol. I, p. 287. 



riiOTKCTlON AND IMJOl'KliTV KrOIITS. 



35 



" Tlio siune line of arg'umeiit would take uiuk'i' All .KtsnotjiiM- 

t ilialiltt Im-(':i ii so 



its la'otectioii i)inicy and the shpve trade, wlien<"'i""'ttt''i""i'"y;i' 

prosecuted in the open sea, or would justify one 

nation in destroying the commerce of another by 

placing dangerous obstructions and derelicts in 

the open sea near its coasts. There are many 

things that can not be allowed to be done on tlso 

open sea with impunity, and against which every 

sea is mare dauaiim. And the right of self-defenso 

as to person and pro})erty prevails there as fully 

as elsewhere. If the fish upon Canadian coasts 

could be destro}ed by scattering poison m tho 

open sea adjacent, with some small profit to thoso 

engaged in it, would Canada, upon the just j)rin- 

('i})les of international law, be held defenseless 

in such a case? Yet that process would be no 

more destructive, inhuman, and wanton than this. 

"If in'ecedents are wanting for a defense so (Growth of intor- 

^ iiutioual law. 

necessary and so pro})er, it is because precedents 
tor such a course of conduct are likewise un- 
known. The best international law has arisen 
t'lom precedents that have been establishc^d when 
the just occasion for them arose, undeterred by 
the discussion of abstract and inadequate rules." 
The views thus expressed by Mr. Phelps were Tiie united 

11 11 -\T -l^^ ' • 1 • 1 1 *^^'it<'8 iulojit Mr. 

ui'clared by Mr. l)lame, in nis note, to be the I'litjips's views. 

views adopted by the Government of the United 

States. 



r 



■M 



3G 



rUOTKCJTIOX AND rROI'EUTY UIOllTS. 



tn error. 



. ( 



RIjrTits arising 
out of owuorsbip 



Lord Salisbury On tljG 14tli of April, 1 SDl , Ml'. Jjlaiiie wroto 
to Sir Julian Pauncofote: "In the opinion of 
tlio President, Lord Salisbury is wholly and 
gtraug'ely in error in niakiug the following state- 
ment: 'Nor do they (the advisers of the Presi- 
dent) rely, as a justifieation for the seizure of 
IJritish ships in the open sea, upon the contention 
that the interests of the seal fisheries give to the 
United States Government any right for that 
purpose whi'^h, according- to international law, it 
would not otherwise possess.' 

"The Government of the United States has 
of Island s^aiui j^^Q.^jHy lielcl just the revorse of the position which 
Lord Salisbury has imputed to it. It hold' at 
the ownership of the islands upon which iS 
breed; that the habit of the seals in regularly 
resorting thither and rearing their young thereon; 
that their going- out in search of food and regu- 
larly returnnig' thereto, and all the facts and in- 
cidents of their relation to the islands, give to the 
United States a property interest therem; that 
this property intei-est was claimed and exercised 
by Russia during the whole period of its sover- 
eignty over the land and waters of Alaska; that 
England recognized tins property interest so far 
as recognition is implied by abstaining from all 
interference with it dm-iiig the whole period of 
Russia's ownership of Alaska and during the 



rROTF.CTION AND I'lJOPKllTY IHGHTS. 



87 



iirst i\inei(!Oii years of tliti sovoivij^-nty of tlio Kijuhfs arisins 

out rif <)wner.Hlii|i 

United States. Itis yetto be detonnined wlietlier"*" M-^niU ami 

"^ lialiits of Bcals. 

the lawless intrusion of Canadian vessels in 188G 
and subsequent years has dianged the law and 
equity of the case theretofore prevailing." 

The correspondence also shows that tlie habits . ^'' <''"'^'' '•^i-''*- 

^ 111}; t o |ir(i])rrl V 

of the seals, all the details as to their life on the^^li'j^;;^/""^ *'''* 

Pribilof Islands, the character of their annual 

migration, and all the facts necessary to support 

the claims of protection and of property set up 

by the United States, have been the subject of 

careful investigation and discussion between the 

two Governments.^ 

•Appendix to nritisli Case, Vol. Ill, I'art 1, pp. 42-1 -1.-,% and 
lIou.se Ex. Doc,., No. 4.")0, Dl.st Con;;-., 1st «c,ss., i)p. I.')-")!. At |i|>. 15 
of Vol. Ill and 18 of the Ex. Doc. aforcnaid, Dr. Dawson, one of 
tins Untisli licsrin.i;' Sea Coininissioncis, under date of Manli 5, 
1890, discusses fully the facts upon which the projierty claim ia 
based. 

See also Debates House o*" Commons, Dominion of Canada, 188S, 
Vol. XXVI, p. 976. In a speech made April 2.5, 1S8.S, Mr. ItaUcr, 
M. P , quoted the ibllowin^ from the tenth census (1880) ol" Iho 
United States: "The fur seals of Alaska colleetirely and indi- 
vidually are the ])roperty of the general Government. * * • 
Every fnr seal playing in the waters of Bering Sea aronml about 
tlic Pribilof Islands, no matter if found so doing 100 miles away 
Ironi the rookeries, belongs there, has been begotten and born 
therein, and is the animal that the explicit shield of the law ])ro- 
tects; no legal scepticism or quibble can cloud the whole trnrh of 
any statement (sic).'' Counnenting on the foregoing, Mr. linker 
says; " It would ap]>car that the United States revennt! cutters are 
going on some absurd contention of this kind m their seizure of 
Biitisli vessels m the Beliriug Sea." 



■' t 



mmmm 



SB 



PROTECTION AND PROPERTY RIGHTS. 



Claim of protec- The foreffoing- complotely disproves the state- 

tioii and owner- o o i . . 

ship not new. meiit at page 135 of the British Case that the 
chiiin of protection and of ownersliip by the 
Unite! States in the fur-seals is new; and also 
the statement at png-e 140 relating- to the "ab- 
sence of any indication as to the grounds upon 
which the United States base so iniprecedented 
a claim." 
Case of the The Jhitisli Case refers at page 13G to the case 

Harriet. _ . . 

of the American schooner Harriet for the purpose 
of showing that the United States have denied to 
other nations a right of protection and property 
in seals when on the hio-li seas. A careful exanii- 
nation, however, of the facts will readily show 
that tJiey fail to bear in any way u))on the point 
to prove which they were cited. 

In 1831 one Vernet, who had l)een ap])ointed 
by the Republic of Ihienos Ayres governor of the 
Malvinas (Falkland) Islands, seized the Harriet, 
charged with the taking of seals on those islands. 
The American Charge at jjiienos Ayres protested 
against the seizure, and a lengthy correspondence 
ensued, all the material parts of which are given 
in the Appendix hereto.^ From this correspond- 
ence it is apparent : 

First. That it was not the intention of either 
Government to raise any question as to the juris- 

i VohI p. 181-101. 



wsl^^a 



PROTECTION AND PROPERTY RIGHTS. 



39 



diction over the lii":!! seas, or as to the rights rf Caso of the 

^ , ^ Havriet. 

protection or property in seals when found oh 
the high seas. Seals were never taken at the 
Falkland Islands otherwise than on land, and tho 
Harriet was not cliarj^ed witli the offense of tak- 
ing them on the high seas. 

Second. Tlie real question iu the dispute was 
whether the Republic of Buenos Ayres owned 
the coasts upon which sealing had been in- 
dulged in by the captured schooner, and upon 
this point issue was actually joined by the two 
Governments. The position assumed by the 
American Charge was that the Falkland Islands 
were unoccupied and under the sovereignty of 
iiu nation, and that, therefore, sealing on them 
was open to all. 

Third. It is true, the American Cliargd asserts 
that 'Hhe ocean fisliery is a natural right," and 
tliat "every interference with it by a foreign 
power is a natural wrong ;" and tliese assertions 
appear to be relied on at page 137 of tlie British 
Case to de%it tlie claims of i)r(ttection and prop- 
erty now put forward by the United States. The 
context^ shows, however, that, so far as s( ..Jing is 
conceriicd, the Chargd was merely laying a foun- 
dation for the proposition that, granting the title 
of Buenos Ayres to tlie coast in question to be 

' Po«<, p. 190. 



\>{^ 



40 



PROTECTION AND PROPEllTY IIIGIITS. 



Case of thcperfect, yet it was bnre and imiiilijibitod, and, 

Ilarrict. 

tlierefore, justice required that "the sliores, as 
well as the body of tlie ocean, ought to be left 
common to all ;" wliich proposition, if established, 
would have justified the act of the Ifarrki. The 
accuracy of this proposition the United States are 
not now called upon to discuss, since it has no 
bearing upon the present Issues. 

In dismissing' the case of the Ilarrict the United 
States again insist that it is wholly irrelevant to 
the present controversy, for the reason that no 
occasion had arisen for the assertion of any right 
to protect seals when a>vay from land, and no 
Buch right was, in fact, either asserted or denied 
by cither party. 



PART SECOND. 



REPLY OF THE UNITED STATES TO THAT 
PORTION OF THE CASE OF GREAT BRIT- 
AIN CONTAINED IN THE REPORT OF 
THE BRITISH COM MISSION' ERS. 



41 



II tl I llljll 



PART SECOND. 



REPLY OF THE UNITED STATES TO THAT 
PORTION OF THE CASE OF GREAT 
BRITAIN CONTAINED IN THE REPORT 
OF THE BRITISH COMMISSIONERS 



THE BRITISH COMMISSIONERS AND THEIR REPORT. 

The Report, bearin<,r date June 21, 1892, of tlio 
Commissioners of Great Britain, wliicli is herein 
treated as the second part of the Britisli Case, was 
deHvered to the Agent of the United States and 
to tlie Arbitrators in pursuance of an agreement 
readied by a dijilomatic correspondence between 
tlie two Governmojits, ah-eady cited (ante, p. 2), 
but not until the 25th of October, 1892, and after 
the lapse of seven weeks from the delivery of the 
original British Case. 

The character of tlie Report will be discussed Tho ner-ng soa 
somewhat in detail in the following ])ages, and 
it is considered to be ju'oper tliat some observa- 
tions sh.ould bo made at the outset as to tho 
composition of the Commission. In 1891, when 
the subject of a Moihis VlvemU, as preliminar}' to 
tho contemplated Treaty, was under discussion, 

43 



I 






: jii 
■ m' i 



mmm 



mm 



44 



THK RRITISII COMMISSIONERS 



Tiu' i?ciiiif; Soil it was proposed in tlio course of tlie correspond- 

Coniini-ssiun. 

eiice tliat a "Joint Commission" be appointed to 
investijrate the facts in relation to seal life, with 
a view of obtaining' beforehand information 
which might be useful to the contemplated Tri- 
bunal of Arbitration in the discussion of meas- 
ures for its protection and preservation, slioidd 
that subject be submitted to the Tribunal;^ and, 
while the formal constitution of the Commission 
was reserved as a subject to be disposed of in 
the contemplated Treaty, it was deemed expedi- 
ent that, in the meantime, two agents should be 
designated on the part of each Government, im- 
mediately after the signature of the Modus 
Vivendi, to begin such an investigation. 

The Modus Vircndi was signed on the 15111 of 
June, 1891, and as early as the 3d of July of 
the same year the Acting Secretary of State 
proposed to Her Majesty's Minister in Washing- 
ton "that arrangements be made to have these 
agents of the respective Governments go together, 
so that they may make their observations con- 
jointly." On July 6, 1891, the ]\Iinister 
answered that, having communicated this pro- 
posal to Lord Salisbury, his lordship replied 
" that a ship had already been chartered to take 
the ]3ritish Commissioners to the seal islands," 



' Appendix to Case of the United States, Vol. I, pp. 305, 311, 312. 



AND THEIR HKPORT. 



45 



but that they would be instructed " to cooperate The n.riiifr Sca 

CuiniiiiH.siuu. 

as much as possible" with the United States 
Conirnissioners.^ It appears from the Koport of 
the British Oonnnissionei's that the only inter- 
course had by them with the Commissioners of 
the United States was during "several days" on 
the Pribilof Islands (Sec. 12), while "tlie cruizo 
in the North Pacific occupied nearly three 
months" (Sec. 20). 

The manner in whiclt the British Commission- Tim r.ritisii 
ers conducted their investigations and the spirit 
which actuated them may in part be inferred from 
the account which one of them, then a meni1)er 
of the British Parliament, gave publicl}' to his 
constituents after his return to England". Tiio 
agreement for the constitution of the Joint Com- 
missic>n was actually made and signed on Decem- 
ber 18, 1891, before the Treaty was executed, 
and Secretary Blaine, on being advised, Febni- Secretary 

- --T- -tr ' 1 -.»■. . -, , J$litillc'.S note t(l 

ary 6, 1892, by Her iMajesty's Mnuster of thesir j. rauuctioio. 

names of the British Commissioners, and that they 

had arrived in Washington and were ready to 

enter into conference with the Commissioners of 

the United States, felt it necessary to address the 

Minister a note, expressing regret that the British 

Government had selected persons who seemed 

' Appoudix to Case of tbo Uuitcd Stutcw, \o], I, p. '322, 
* Poit p. 418. 



I 



I 



Lvt^MIM 



46 



TlIK HHiTISM COiMMISSloNKKS 



Soc ro tar y "(lisciiDililiod t'oi* {HI inipjirtiiil iuvostig'jition aiul 

Itlaiiic's iiotf* ((» 

Sir .1. 1'iiiiuciroh'. (](,toniiiu!itioii of tlio questions to Ixs suhinittcd 

M.'din-sdC 111., to tliom."^ The CoininissioiuM's ot" the two (tov- 

Joiiitl'oiuiiiissioii. 

cnnuciits, after confcn^iicos diii-ln<^- tlio ])erioa 
IVoni Fobriiiuy 8 to Marcli 4, 1SI)2, adjoiiniod, 
and the Report now tinder e(Misi<l('ration is tin; 
one sul)sequeiitly prepared by tlu; IJritisli Com- 
missioners and wliicli has been delivered to tlie 
United States and the Arbitrators as ii part of the 
liritish Case. 
iio])ort of Rritish 'w^, ]j^^\]^ of the niatt(n' contained in this Tvoport 

ConimiHsioiiers. 

rehites to points considered witli considt!rabh5 
fulhiess in the Case of tlie United States, and 
may so far be regarded as presenting qnestions 
to be dealt with by tlie printed and oral argu- 
ments proN ided for b\' the Treaty; but it also 
embraces matters of allegation, in support of the 
positions taken npon the part of Great liritwin, 
which have not been dealt witli by a,ntici])ation 
in the Case of the United States; ami also mat- 
ters of evidence, bearing upon points dealt with 
in that Case, the truth or sniliciencv of which 
are denied by the United States. 

' Appt'iKlix to Caso of Ifnitoil States, A' ol. I, p. 31K; and Dr. 
Dawson's i)ai><M', Ai)pcndix to Britiah Case, Vol. 3, Uuitod Statca 
No. 2 (18"J0), p. 450. 



ANO TIIKIK RKI'OliT. 



47 



Tl.ese .siibjorts and also the scJieines of re-u- u.,H,rt,.ni,i,isL 
lufi.ms pn»i,os(Ml in tin; Rcp.M-f (Hmstifufc matter'^'""""'"'""""- 
vvliicli should })() deah, with in thi.s Counter 
Case. It will bo treated of under appropriate 
heads. 



' NoTK.- 1 i.o t.-nu " JJopcrt " ,,h uso.l Imm-Hm r.forH to tho R,.,„.rt 

"I lli.^ lii'SUMT ^,.u CmmmHHumv.VH, nnlrss „M„.rwi.s(, H,„„.i(i,..l • mimI 

I;.' t'-.n. "Cso" rcfcH iu the sa„.., ..,,„.u,,r to (In, (Jaso o'c 1 1.„ 

nil.d ,S(atr,s. All r.n.,v,„.„H i,, u.,, (oxt oCtl.is portion of (l.o 

..niil.T Ca.s« to H...-(ions ,„■ ,,,.,jr,„s .oCt t,o Rnctions or pa-rs of (l.o 

Iv.port of tl.o Hritish lioiii.ii «ea Coa..ais.lo.a.ivs, uul^s olhoxwiso 

HpcciUcaJly stated. 



|H 



11 



1 ii 



'1 I 



V' 



^.faiWl 



iS 



FIRST. 

MATTERS IN RELATION TO WHICH THE REPORT 
AND THE CASE OF THE UNITED STATES MATE- 
RIALLY CONFLICT, AND CONCERNING WHICH 
PROPOSITIONS OR FACTS ARE ALLEGED IN THE 
REPORT WHICH HAVE NOT BEEN CONSIDERED IN 
THE CASE OF THE UNITED STATES. 

HA13ITS OF THE FUR-SEALS. 

1. Bistnhution of seals in Beririfj Sea and the sug- 
gested intermingling of the Pribilof and Comman- 
der seal herds. 

interniinRiinsof Tlic ]3ritisli ComniissioiiGrs, ill considerms- tlie 

Mi(! Alaskan and 

Uiissiaii hertis. iutcnuiiiglinf^ of the two lierds, after .stating- the 
fact that the Pribik>f herd entei's and leaves Ber- 
ing Sea by the eastern passes of the Aleutian 
I.slands and referring to certain statements made 
in the Keport as to migration, continue: "These 
circumstances, with others wluch it is not neces- 
sary to detail liere, are sufficient to demonstrate 
that the main migration routes of the seals fre- 
quenting the Connnander Islands do not touch 
the Aleutian chain, and there is everv reason to 
believe that, although the seals become more or 
less commingled in Bering Sea during the sum- 
mer, the migration routes of the two sides of the 
North Pacific are essentially distinct." (Sec. 
198.) 

iS 



and 



S*t'iV)**'4 



DISTIJIMUTION IX r.KKLVO SKA. 



49 



(Sec. 



Ag-ain, ill coiisidrriiig- this (question, ;it'tor iiiak- rntt'miinfriin^M.f 

tlic AlMsk.'in mill 

iu<^' practically the same statement, that the M)i- i'f'"*«'iiu hoids. 

g'ratioii routes are distinct, the Commissioners 

add " * * * it is believed that, while to a 

certain extent transfers of individual seals or of 

small ;j,roups occur [)robal)ly every year l)etweeu 

the Pribiloff and Commander tribes, that is 

exceptional rather than iiormnl" (Sec. 453). hi 

spite, however, of these admissions that all inter- 

ining-linjji- of the two herds is abnormal and infre- 

(pient, they still assert that such interchang'e takes 

place (Sec. 170). In supi)ort of such an assertion 

two charts are i)resented in the l\eport (Nos. TIF charts n<..s. hi 

' ' ^ and 1\' of Iho K.;- 

and IV, facing- p. l^O) purporting to give thei'""'^' 
distribution of seals in leering Sea during two 
periods, namely, July If) to August 15 and Au- 
gust 15 to September 15 (Sec. 213). The chart charf: Xn. ii of 

■ tho Kel>ult. 

also, which purports to show the resorts and 
miffi'ation routes of fur-seals in the North Pacific 
(No. II, facing' p. 150), assumes a similar distri- 
bution. 

The data, from whicli these charts as to the T);it.'«fromwiii<h 

tlif thiirtH Wen; 

distrilnition of seals in Bering Sea were ('(ni-^'"'"!'''^'^'- 
structed, are stated in the Report to be the seal- 
ing- logs kept by the American and British 
cruisers in Bering Sea during- the season of ISDl 
and 'information on the same subject * * * 

sought in various other ways, such as by iiupiiry 
11)304 i 



' 1 



i! 



h 



50 



ITAIUTS OF THE FUR-SEALS. 



DaiafromwiiirhfroiTi tliG c{ii)tains {111(1 liiiiifls of sealinj^ vessels 

<ln! rliarts weld 

compiled. met ill Victoria and Vancouver and from the in- 

liabitaiits of various places touched at duriug- the 

i"«"'"'i«^'"cy "f summer" (Sec. 210). Tlie United States deny 
that the data colle(;ted by the American and 
British cruisers \varrante(l such construction of 
the charts Nos. Ill and IV or of that part of 
chart No. II which pur[)orts to g-ive tlie sunnner 
resort of the two great seal herds. And tlie 
United States claim that the "information" ob- 
tained "in various other ways" should have no 
influence ui)on the Tribunal, inasmuch as the 
evidence or statements thus relied upon are not 
presented and the Commissioners have even 
failed to give the names of their infoi'mants. 

Prinripai data It is evidciit, fi'om the particular manner in 

relied upon. '■ 

which the Report describes iho way in which 
the data collected by the warships of the two 
nations Avere taken (Sees. 210, 212, 213), that 
such data were their principal source of informa- 
tion ; but it is contended that the observati<^ns 
of seals, reported by the vessels, do not sustain 
the assumed density and distribution of seal life 
in Bering Sea which is made .-> appear by the 
charts above referred to. In sujiport of these 
denials the United States produce the co])ies of 
the data relied upon, com})iled from the seal logs 
of the British cruisers by the British Commis 









i 
i .1 



DiS'rruiuTTiox ix nKKixo ska. 



51 



:he in- 

uiT the 

s deny 

ill and 

[ion of 

part of 

umnier 

nd the 

on" <>b- 

lavc no 

as the 

are not 

TG even 

its. 

liner in 
. which 
the two 
3), that 
iiforiua- 
rvations 
sustain 
seal life 
by the 
if these 
oi)i(;s ot 
5ea.l logs 



sifniers, and bv their eoin'tesv fni-nislicd to this Prin. ipui djitu 

■^ •' relied iii><jii. 

Government, and the data coiupilcMl from the seal 
logs of the American vessels.' TIk* attention of 
the Arbitrators is particalarl\ directed to tiio 
area of sea between the l^rlbilof and Coinmunder 
Islands, the extent covered bvtlie cruises in that 
section, and the number f)f seals there observed. 

The United States also present in suuixu't of cimrtoC cruises 

iu liciiii^- Sou ill 

their contention on this ([uostion a chart showing i^'J-. 
the cruises of American vessels in leering Sea 
during the summer of 1S92, which vessels made 
particular observations as to the density and 
locality of seals in IJerinj'- Sea.^ This chart is 
compiled by the Navy Department of the United 
States from the lo^s of the American l>(MMn<'' h'ea 
s(piadron on file in that Department, and it dem- 
(Mistrates how completely the sea areas aljout 
the Pribilof Islands were covered by the obser- 
vations of 181)2. 

The United States also present in suiinort of f^'-iUng ciiart, 
their position on this qiu^stion a chart, C(^mpil(!d 
from the seal logs of said v(3ssels, kei)t in the 
same manner as those of l<Si)l by each vessel 
of the squadron, whicli chart sliows the num- 

' Charts of cruises and senls seen, 1S!)1, Nos. 1 and 2. Portfolio 
of majis and charts a|i]>cii(led toCoiniter Case of t lie I 'iiiteil States, 

■(jharfc of cniises, 1S!)1'. Portfolio of maps and cliartsajipeiidod 
to (,'ounler CaHo of the I'iiilrd States. 



;ommis 



^x 



52 



iiAurrs OF THE fur-s?:als. 



ii 



I 



S(Mtiiiig chiirt, 1)01- of seals seoii, tlio lociilitv wliere obscrveO, 
and the date of the obsorvs'.tions.^ A coni])arison 
of tin's chart with the scaling chart snbniitted 
with the Case of the United States,^ the charts 
a'ivinu' the data from which the British Coininis- 
sioners drew their inferences,^ and the chart show- 
in<>' the cruises of the American squadron in 
181)2/ demonstrates conclusively the lack of 
evidence to sustain the Commissioners' assertion, 
and shows that the assumed distribution of seals 
in Hering Sea, exhibited by charts Nos. II, III, 
and IV of the Repcn-t, is unwarranted and mis- 
leading-.^ It may also be noted that the Com- 
missioners in chart II make it appear that the 
CoMunanderand Robben Island seals intermingle; 
this is, however, specifically denied by ftlr. Greb- 
nitzki, the Russian official so often quoted in the 



1 



iei)Oi 



t. 



I Seal Chart, 18!12. Portfolio of maps iind cliurts appciulud to 
Counter Oaso of United States. 

'•Sealiiisj eliart. PortfoUo of maps ami charts appended to Case 
of the United States. No. 1. 

•'Charts of cruises and seals seen 181)1, Nos. 1 and 2. rortfolio 
of maps and eliartsaiii>ended to Counter Case of th(» United States 

^ Chart of cruises, 1892. Portfolio of maps and charts appcndod 
to Courier Case of United States. 

"'See al8(» Ca])t. Hooper's iuvestifjatinus >ii 1892 as to ranfi;o of 
rril)ilof seal herd in Herin;^ Soa. Report Soptomlxsr 6, 1892, ^*os< 
p. 21(i. 

" I'o^l ]». 'MY^. Mr. Greltnitzki. the Itnssian military chief on the 
Connnandta- Islands, is so often eiied hy thi^ liritish Counnissionera 
that the attention of the .Vrliitrators is particularly directed to his 
HtatementSj iieroto appended, pout pp. 3t52-367. 



u 



ALLEOKD rKOMISClJOUS NUKSIXd OF I'UI'S. 63 

3. The alhufcd pronbiscuoiis nursmg of i)ui)S hij 

female, seals. 

Tlio United Shitos deny that tlie statements Promis.'uons 
made in the Report, in snpjfoi't of the assertion 
that a cow will nnrse pnps other tlian lier own, 
are based on evidence suflicient to establisli tho 
lacts alleged. 

The two most prominent authorities relied on ,,,/t'?i^'!f„n!oimt^8 
in the Report are Mr. Heiny W. Elliott and"'" *''•' '^^i'"^'^' 
Capt. Charles 15ryant, the {"oriner beinf>' quoted 
over fifty times in the first one hundred and forty- 
live pag-es, and the latter forty times in the same 
space. Yet the o[)inions of those two observers 
are to the contrary on this point; and, while 
their opinions are taken without reservation on all 
points favorable to the conclusions of the (Com- 
missioners, they are, in respect to this question, 
characterized as a "theory" (Sees. 320, 322, 323) 
and "not proven" (Sec. 321).^ 

Tlie Report attenq^ts to disparage Mr. Elliott's . <':^'^'''' •i"'«^'t'<>" 
(•pinion by quoting him to the effect that the 
I'liinale seems to possess no natural afTection for 
licr ofis[)ring (Sec. 322), but fails to state that 
Sir F. McCoy, F. R. S., also nuoted in thi-^ con- 



foi' liisr yDiiiif?. 



^>y 



lu'ction (Sec. 324), publishes, in his article 
referred to in the Report, a letter from an in- 

' 8('o also N. A. (Jiolniit/.ki, j;o»t p. HGO; Diiinpior's Htatoiiiciit, 
K'.iuiil,, Sill!. 818. 



'I 



I 



54 



IIAI5ITS OF TIIK FUR-SEALS. 



Cow's afToption fonn;iiit, Oil wlioin lie relies for liis kiiowledj^e of 

for liiT ,vouiig. 

seal habits, in which the foUowin*^' statement is 
made: "Tliey [the cows] keep good watch and 
care affectionately for their oil'spriiio-. * * * 
I have .seen three piii)S washed off the rocks nnd 
the cows have immediately folio w(m1 and broui>ht 
them on the rocks again in an astonishingly 
rapid manner."^ The attention of the Arl)iti'a- 
tors is also called to the t(;stiinony presented on 
this })oint in the Appendix hcrc^with snbmitted.^ 
AiiMiojry with The Heix* t admits that "analogy with most 

nt her aiiiiiiala, •' 

other animal;- a})})ears to favor this view" (Sec. 
317), and that it "may hold in the case of the fnr- 
seal' (S('( . 318), bnt insists that the observers 
have been misled by this analogy (Sec. 3 17) and 
by the circnmstance that they have seen a (-ow 
rei'use to take the iirst ])np she meets and select 
another to be nnrsed (Scu*. 323), adding that 
sncli selection ma}' hv, the mere act of iinding a 
pu]) which does not Inue the smell of fresh milk 
abont it (Sec. 323). And it is fnrtlier suggested 
that this selection ma,y be made "j)erhaps by 
AiiiiioritirH v<--sound" (St'c. 323). Two authorities are particu- 

licil illKHi ill (lie 

iiii"'it. hu'ly (piote(l in sn[>poi't of tlu^ position taken in 

the Iveport: "Sir Sannicl Wilson, M. P., the 

' rriKlroiiins oCtlit^ ZniUojjy of Vii'luria, l»y Sir F. McCoy, F. \l. S., 
dccadi' VlII, 11. !). 

-'.T. Stimloy-llrowii, |). ;}88; W. H. WilliaiM.s, (i. :J'J8; C. II. Towii- 
Bontl, p. !W3. 



ALLEGED PROMISCUOUS NURSING OF PUPS. 



55 



F. 1{. S., 



Town- 



eminent Australian slieep-breedor," wlio says, AuthontK's m- 

li(!(l upon in tlio 

"it is common and easy to make ewes suckle i^oport. 

other ewes' lambs," and then demonstrates how 

difficult it is to do so (Sec. 325); and Mr. C. H. 

Jackson, Government Agent in cliarge of the 

Seui and Guano Islands of Ca})e Colony, who 

asserts (hat "a cow will suckle any of the young 

seal, wliether her own or not" (Sec. 324). 

As to the statements of Sir Samuel Wilson, 

they are sufficiently in accord with the position 

taken in the Case of the United States on this 

question to demand no critieisir here. Mr. Jack- Mr. c. ii. .Jack- 
son aquestiouiiblo 

son, on the other hand, makes a direct assertion "iithodty. 
on the subject which is opposed to the evidence 
contained in the Case of the United States and 
to the principal authorities of the British Com- 
missioners. An examination of the report of this 
gentleman (pp. 1 54, 155) fails to reveal upon what 
knowledge he bases such a statement; and there 
is no proof that he has ever seen the seal islands 
of Cape Colony or even been informed by experi- 
enced individuals respecting the habits of the 
fur-seals found ihere. Under such circumstances 
the United States insist that his statement is 
unworthy of consideration as es'idence. 

The Report also alleges that "the same state- SirF.MrCoyas 

an authority. 

ment [as Mr. Jackson'sJ is made with respect to 
the fur-seal of the Australian coast" (Sec. 324), 



t!^ 



* ; 



56 



ITA15ITS OF THE FlIK-SKALS. 



Sir F. McCoy as roferrini^ in a footuoto to tl'e work of Sir F, 

iiii iiutbority. 

McCoy, already mentioned lierein. ^ Tlie iol- 
lowing' is tlie stateirent as it a])pears in tlie arti- 
cle referred to and is an extract from the letter 
of Moanted Consta1)le Ardill, incorporated in full 
in said article and republished in the Appendix 
to this Counter Case :'- " Shonld a cow die or be 
killed, her pup is suckled by the other cows. 
This 1 am told is the case, but I can't vouch for 
it." 1^his last noted {inthorit}', which appears 
in the Ive})ort as Sir F. McCoy, proves to be a 
mounted constable, who makes tlie statement on 
a report so untrustworthy that he will not even 
vouch for its truth. 

The United States, therefore, claim that the 
Commissioners liave failed to advance a sino'le 
authority wliose opinion is of value to supintrt 
their contention that a cow will suckle any pnp 
exce])t her (.\vn, and that the contrary ])osition 
taken bv the United States and sustained by 
amjde evidence'' stands uncontroverted. 
'Jii/c, p. r.3. 

« I'tixl ]t. -2'M. 

^N. A. (iiilmitski, itoxl )>. .'5(11), imd tcstliinmy sulimittoil witli (lie. 
Case (d the United 8tiitc9, Ai»pciulix, \'ol. II, pp. G2, ItU, 117, 
S75, etc. 



57 



ingle 
)port 

pU]) 

■iitiou 
<1 by 



WHEN COWS ENTER THE WATEK. 

3. Period at which the female seals go into the water. 

The Report, without definitely statino^ tliat the, rosition tnivon 
female seals do not seek the water for from fonr^^'"'"'^'"'^'''"^'*- 
to six weeks after the birth of their young-, practi- 
cally adopts the opinion of "Snegilotf " [Snic^ge- 
roff], flu; native foreman on the Russian Islands, 
as well as the statement once made by (Japt. 
]3ryant on this sidjject, and supports these o})in- 
ions by reference to the Commissioners' owu 
observations as to the relative number of cows 
and pups on the rookeries at different times in 
the season of 1891 (Sec. 306). The "very g-eneral 
belief among- natives on the Pribilof and Com- 
mander Islands to the effect that the females do 
not leave the land to feed while eno-ao'ed in 
suckling- their young" (Sec. 307) can not be 
accepted as evidence in the absence of names of 
persons holding- such belief; and the fact that two 
females killed in Septendjer in the presence of 
the Connnissioners had no food in their stomachs 
(Sec;. 307) may be dismissed without considera- 
tion, as at the time when these cows were killed 
the Connnissioners admit that the miijority of the 
cows were feeding (Sec. oOH); and tlie number 
killed is too small to establish the assertion 
advanced in the Report. 

The information also given by Her Mjijesty's 
Minister at Tokio — that "It is sometimes stated 



Mi 



58 



ITAIJITS OF THE FUK-SEALS. 



Position t(ii{on fjiat tlic bi'eediiij^ COWS are in the habit of leav- 

by tlu! liiipoitiiiiil 

tiio uuthoritics. ing fhe rookei'ies to fish for the support of their 
young', but the experienced autliority on whose 
remarks these notes are founded is not of this 
opinion. He has never found food inside the 
female fur-seal taken on the breeding- grounds." 
(Sec. 307) — must be rejected for the reason that 
tlie statement is based on no actual knowledge. 
Capt. Bryaut's rpj^g reference, sfiven in connection with Caiot. 
Bryant's opinion, is to his report, made when he 
Avas special Treasury agent in November, 1869, 
and which is published in the Appendix herewith 
submitted, so far as the same relates to the Pribilof 
Islands.^ The statement referred to in the Report 
is as follows; ^'The females go into the water to 
feed when the pups are some six weeks old, leaving 
them on the uplands."^ In another portion of his 
report Capt. Bryant says: "About the middle 
of June the males have all arrived and the ground 
is fully occupied by them. Soon after this the 
females begin to come, in small numbers at first, 
increasing as the season grows late, until the 
middle of July."^ At another place he states : 
"About the middle of July the females g-o from 
the rookeries into the water.""^ It is, therefore. 



' Po8t p. 275. 
»/'()«/ p. 278. 
» Post p. 270. 



.i..*»a<IWi«fe1iK'S«f' 



his 

Idle 

)uiid 

the 

lirst, 

the 

,tes : 

rom 

"ore, 



WHEN cows ENTER THE WATER. 



69 



evident that the period could not have been six Capt. Bryant's 

statouicuta. 

weeks according- to his own statements in ISGD. 
Ten years Liter, alter eight years of experienco 
on the Pribilol" Isliinds, he states: "Tlie females 
after giving birtli to their young, temporarily re- 
pair to the water and are thus never on shore all 
at once."^ 

He carefully omits to give any definite i)eriod 
between the birth of the pup and the excursions 
of the cow for food. This omission is of impor- 
tance in this connection, as he prefaces his state- 
ment at this time with the followin<j note to Dr. 
Allen: "You will understand that where any of 
my former statements are omitted or changed, it 
is duo to correction made necessary by ray longer 
experience."" It is evident, therefore, that Capt. 
]h-yant had publicly discarded the opinion used 
by the Commissioners to maintain their position. 
One native of the Commander Islands is, there- jty fm-'tiio Uo-' 
fore, the sole authority for the statement of the^'"^ 
]5ritisli Commissioners. 

The Unitei States deny the sufTicioncy of tin's, ToRtimonyofc. 

'' '> n. lowiisciiu. 

evidence and otl'er the testimony of i\[r. C. II. 
Townsend, of the United States Fish Commission, 
to sustain such denial and to prove to what extent 

'Moi\iii;rapli of North American PinnipedH, p. 386. 
'Mouograpli of North American I'iuuipoils, p. 382. 



it 



GO 



iiahits of thk ft'r-seals. 



'ivstimoiiyofc. tliG mirsiii<<- females liad alroridv extended their 
food excursions even in the hist days of Jnly.^ 
The same witness states that on the 27t]i of 
July, 1892, large nund)ers of the females were 
away from the rookeries on St. Paul Island, and 
that four-iifths of the seals on the breeding' 
grounds were pups.^ It may be noticed in this 
connection that this was the same date at which 
the liritish Conmiissioners arrived on the Islands 
in 1891 (Sec. 759), when they state that "the 
rookeries were still at their fullest" (Sec. 3). Mr. 

Tostimonyof J. Stanley-13rown, whose si)ecial study of seal life 

Stiinluy-ljiowii. J T L J 

on the Islands in 1891 and 1892 has made his 
opinions of the utmost value, states that the 
females leave the rookeries within fourteen or 
seventeen days after the birth of their pups, and 
lie shows by what observations he became con- 
vinced of the fact.^ 

4. Aquatic coition. 
^ AmrninHon of The Report states that "most writers," tor cer- 

i(h possiliility by ^ 

iiio iioi.oit. tain reasons, have advanced "an erroneous state- 

ment" that the place whore fecundation of the 
female seals occurs is on the land (Sec. 295). 
The Commissioners affirm, on the contrary, that it 
is not only possible for seals to coi)ulate in tho 

> rosfy*. 393. 
« I'osl p. 386. 



AQUATIC v:0IT10N. 



Gl 



water * but that such act is of great frefiuency Anirmation ..r 

_ 1 .' j,^ i„,ssil.ilit.v l.y 

wlieu the males are insuflicieut in number on the tii'> ii*ii>oit. 
rookeries (Sec. 297). This alleg'ation as to tlie 
possibility of polafji-ic coition is stated in the 
Report to be established by " ample proof" 
(Sec. 24()). 

An examination of this "ami)le proof" shows ^ Tho ovi<ipiKo in 

' i Ifivor ot a^iuitio 

that it consists of the following-: The opinion of "i^i""- 
Capt. Bryant, contained in his report to the 
Treasury Department in 1869 (which, as has 
been shown, is entirely superseded by his paper 
in the "Monograph of North Amei-ican Pinni- 
peds"), and two statements made by him in 
the latter work (Sec. 295), the references being 
to pages 385 and 405 (footnote, p. 52), both 
of which clearly allege the possibility of coition 
in the water. ]jesides these statements of Ca})t. 
Bryant, the Report quotes Mr. W. II. Dall, who 
made a statement to Prof. Allen that the female 
seal receives the male in the water (Sec. 296, p. 
53). The remainder of the "ample proof" con- 
sists of "special inquiries" made by the Com- 
missioners, which "have fully confirmed Bryant's 
original statements, the evidence obtained includ- 
ing that of four or five gentlemen who have had 
long experience with the Pribilof and Com- 

I Mv. Orolmitzki, an autliorifcy roco^jnizod l)y tho Report, tle- 
clfiies that he beliovcs copulation in tUo water to bo impossible, 
Vosl p. 364. 



i :i: 

J ■; 

/ --I 

i ■■■■ 



I I 



lii 



i ! 



G2 



HABITS OF Till-: FUU-SKALS. 



Tiin ovidcnno in niauder Islaiuls, jiud suNcral iiitcllin'cnt mikI 

fiivor of ii(iii:itiu 

uuiiioii. obsc'i'viiiit hiiiiters who have l)ooii euj^a^-ed in 

scahii<^ at seji" (Sec. 296). Tlie hitter <'-eueral- 
izatioii of iufoniiatioii, in wliicli ueithei" the 
names of the "four or five g^enthniieii" nor those 
of "the intelligent and observant hunters" are 
given, cannot be considered in tlie light of ])r<)ot 
to substantiate the position of tlie Report on this 
question. 

It is a significant fact in connection with the 
proofs advanced by the Commissioners that, not- 
witlistanding the observations made by these 
officials on and about the Pribilof and Commander 
Islands, they fail to have seen, or at least to re- 
cord, a single instance in which the act of coition 
took place in the Avater, although it would seem 
that instances must have been fre(puMit in the 
waters about their vessel, if their statements as 
to the scarcity of the adult males on the Islands 
are to be accepted. 
Cnpt. r-vrant as As to the opiuiou of Capt. I'rvant, relied upon 

ail authority. \ '■ " . . 

by tlie Commissioners, the attention of the Arbi- 
trators is directed to his de[)osition submitted 
with the Case of the United States.' The other 
w.TT. Dallas an authorit}' citcd iu the Report, namely, Mr. W. H. 

authority. tv n • ^ i- ^^ • • • i • 

Dail, gives the tollowing testunony in relation to 
pelagic coition, after saying that his statements 

• Apiifutlix to Cast' of the UuitMl States, Vol. II, p. 6. 



AQUATFC COITION. 



63 



[Upon 

\\v]n- 

liitted 

Mivr 

\V. II. 

on to 

lents 



"as to conuliition in tho water rest larffelv upon w. ii.DiiiiuMiiii 

. .... iuithoiity. 

assumption," and after rocitiuf^ his o))servati()ns 
as to seals seen playing in the water: ** I liavo 
never had an opportunity to assure myself that 
the ])airs of seals seen playing- in tho water were 
of opposite sexes, or, if they were, that theiv pljiy 
was of a sexual nature, or, if it was, that the act 
was complete or effective."^ 

In view of the facts stated and of the (luantitv i""" iti <■ i f^ " <^y 

' oC tilt" (!Viilrl|C() 

of testimony on this point published with their •"'^'"'"'^'i J" i''o 
Case,^ the United States submit that there is no 
proof, "ample" or otherwise, to support the as- 
sertion that coition takes place in the water. (Sec. 
246, p. 43.) 

The United States further claim that the posi- inronsistonries 
tion taken in the Report on the question of wlieii 
the feuiale seals leave the rookeries after the birth 
of their young (ante, p. 57) is entirely inconsistent 
with the proposition maintained by the Commis- 
sioners "that the time of im})regnation of the female 
is not necessarily comprised within the })eriod dur- 
ing* which she seeks the shore for the ])ur])ose of 
giving birth to her young" (Sec. 297), iind the 
statement made in the Report tluit the breeding- 
females remain for several weeks on shore after 
bearing their young (Sec. 30). As the peri(jd of 

' Post J). 359. 

'Appendix to Case of the Uuitecl States, Vol. II, pp. 14, 42, 16.">, 
etc. 



ol" the Kcport. 



ii I 



n 



1 1 1 



64 



iiAiuTs OF riii: ruif-sKALs. 



Tiici.iiMisti'ncitHovstalioii Is stntcd by tlin Coinmissionors to bo 

of tlic iciio/t. 

about twiilvc^ months (Sec. 4'J4), t'oltiou in tlio 
wattT wouM ii(M'(>ssarily be; tour or (^vcn six 
weeks (Sec. i5()(i) later than th<' arrival of eows at 
tlie Islands, which would necessitate tho arrival 
of the cows by as many weeks later the foUow- 
inj;' year, siiu-e they j^-ive l)ii'th to their younj^ 
immediately u|)on landiuf^' (Sec. .'}()). 

i,i»t(> nniviii of If the fre(|uency of pelagic coition be as <>roat 

Mh' cows at tlii< ,, 1 • .1 i'> i ii 1 1 r ii • 1 i- 

isiamis. as alleged nitlie l\ej)ort, the dat(M>t tlie arrival or 

the cows would be yrowino- contimudly later and 
would be now nuu'h later than in former years. 
No proof is offered in the Keport on this important 
])oint. Fn oj)position thereto the United States 
Commissioners have appended to their report a 
table sho^vin^• the arrival of the various classes 
of seals on the Islands,' and the United States 
herewith submit on the same (juestion the fiu'ther 
evidence of iMaj. W. II. Williams, Special Treas- 
ury Aoent in chiir^e of the I^ribilof Islands,who 
states that Df) per cent of the cows had <'iven birth 
to their youn^- ])y July 12, 1891, showing- the 
arrivals nuist have been at the usual time,-' and of 
]\Ir. Stanle}'-lh-own, who arrived on the Islands 
on the i)th of .June, ISU'i, and who states that 
some cows had arrived previous to that date."' 



I Case of tho Uuited States, p. 386. 
«/Vs7i). :?i)7. 
9Pos/p. 386. 



ST'-'^fK 



manaoi',mi;nt. 66 

MANACKMKNT OK TlIK I'IMIllI.nr ISI.ANHS AS TIIK AT;- 

m;(;i;i> cawsk ok tiii; hkci.'KAsk of rin: ai,am<an 

SKAL IIKI.'D. 

The IJritisli ( "oiiimissidiHTs at several i)lat'es in TluMnotimdsrKi. 

' lllitt<'(l Id I'O ill- 

tlieir Ivepoi-t a<lmit tliat, tlie regulations in l",,,-,-*! "'""^ i''^^"''^- 
and tii(^ inetiiods oniployed in takin;^' seals on tho 
l'ril)il(tt" Islands are the West lliat could lia\(! l>eeil 
}i(lo|)t<3(l, liiiviu}^- been touufled on the lon^' expo- 
rienco of tlio Russian (JoxxTinnent alter neai-ly 
a centin-y ot" oceiipalion (see Sees. (!,")!>, (nli). 
The Report further st;ites that "iVom ;i Irau- 
scendental point ol" vimv the methods proposed 
wore appropriate, and even perfect, hut in prac- 
tical execution, and as judged hy the results (»f 
a series of years, they proved to he fatdt}- and 
injurious" (Sec. (KJ'J). It is, therefore, not tho 
methods, but the manner of their ex(!cution, which 
is the subject of criticism by the Commissioners. 
Other than this j^-eneral char;^e of faulty execu- Kjcopsmvo uii 
tion, >iie one variation iroin the Russian methods 
made by the United States which is disapproved 
of in the Report is the number of seals allowed 
to bo taken (Sec. (joO). 

In establishinn- their assertion that the nund)er,. ^.''""'' "''"'^♦■' .''? 

" liiiiitfd Id jieiiutl 

of seals annually killed on the Islands was e.xcess- I'^'i"'^-^^^^- 

ive, it is insisted by tlie United States that tho 

Commissioners should be confined to the tirst 

decade of the lease of the T'ribil(»f Islands to tho 

Alaska Connnercial Company (1871-1880), bc- 
123G4 5 



■ i' 



■J 



06 



\.ANAr,KMENT. 



Priiof must i)ocaiiso polai>M('. st'iiliiijj;" was tlion too insij^Miificant 

liiiiilcd to jicridd 

1870-18S0. to jxTceptibly alVoct seal lite, and that any con- 

sideration of the maiuiu'einent subseciuont to the 
introdiietion of })elai>'ic s(^aling, which is admit- 
te;' to be a iactor "teiHHn<^- towanls decrease" 
(Sec. GO), is irrelevant to the (jnestion at issue, 
unless it can be shown that there was a sufhcient 
increase in the nund)er of seals killed on the 
Islands, or sullicient ». ,.ann-es iu the methods 
employed in taking t\\o, quota, to materially atfect 
and deplete the seal herd, even without the hitro- 
duction of pelaj^ic sealing-. 
A.imission as U) T],^ United States admit that, after a decided 

pcricxl a 1 1 or do- ' 

tidod docieaso. Jecrcase in the birth rat(> of the seal herd has 
been caused by pelagic stealing, the nundjer al- 
lowed by the lease to be killed was more than 
the reduced herd could properly endure; but 
they assert that any evil effects ri'sulting from 
the management on the Islands is directly charge- 
able to the conditions established by pelagic 
sealing. 

It was not until the year 1 889 that the decrease 
in the birth rate of the seal herd (which decrease 
had been augmented annually by an ever in- 
creasing fleet of pelagic sealers) became suffi- 
ciently evident among the young male jmrtion 
of the herd to seriously attract the notice of and 
to alarm the Government agents on the Islands.^ 

' Case of tho United States, p. 184. 



AN AI,Ll'(n:i) CAIISF, OF l>K<IJi;.\^F. 



67 



Ireaso 
sr in- 
Isuffi- 
•I'tion 
\ and 



In tlijit yciir t"or tlic, lirst tiiiio tlic wcinlit of skins AdmissiMn ms to 
fcll l)el()\v the JiV('r;i<:;'o of toniici' ycivrs.' I'lnMiiicii Uccnaso. 
report of llic ollicial in clmrnc! of tlie Isljiiids 
resiilted in an innncdijiti^ reduction of tlus (|iiota 
allowed l)y the '^J^i'easury l)e[)iirtinent at Wiisli- 
ini^'ton, and in a curtiiilnient of the tiiae nllowed 
nitliiu which to take such ([uota." Notwithstand- 
iii_i>' the endeavors of the United States to iricet 
the new coiKhtioiis created hy })elii^ic, sealinj^ 
with restrictions upon slaughter, whicli were niado 
still more y\<!;u\ in 181)1, the hei'd contiiUKMl to 
become more ruid more d('j)leted, and in l.Sl)2 a 
decrease ap[)ears ovei' ISIM, thoui^h the con- 
sensus of o[)inion of thosi; on the Islands is tliat 
in the last vear tlu; male seals have increased to 
a limited extent.^ 

The United States, however, insist that th*^ rnciovancy of 

Sllcll iKllllis.sioll. 

failure, if any, to take into account the "new 
factor" (viz, pelagic .,ealing) is wholly irrele\'ant 
to the true i ■•ue, and they have presented testi- 



nu) 



i^y 



ni re 



hit 



ion 



to th 



mana^'cmcnt on 



tl 



10 



Islands for the purpose of showiui^', and which 
shows, that such managtnnent could not, under 
iioi'inal conditions, have caused a decrease in tho 
Prihilof seal herd. 



I Mux Ifcilbriiiiiu'r, /)»»< p. 3G!) and table facing. 
Caw <if tlin Hnif.'d Slatos, )). 15;!. 
'J. iStiinlcy-Biown, pout p, 383. 



1 



I 



|1 



08 



MANAGEMENT. 



Rcs(>i'v;iti<)ii 
t'lanil. 



as 
of 



I'iiiiitrii (>r iNs- The H(U)ort, fails to estnlilisli a 8iii;;lo instance 

port; to nIiow 

ciian-^o of mail- wlioro tli(3 m;inai>'Oin('nt on the Islands or the 

illtcnUMlt JllllT 

i«^^- methods employed thereon have heen chang-ed 

since 1880 from the "appropriate and even per- 
fect" system ado})ted in 1870, or where the 
number of seals killed amuially has ])een in- 
creased beyond tiie annual ([uota of the first ten 
years of the lease. 

The Government of the United States reserves 
to jinother portion of this Counter Case the re- 
peated and, as it conceives, very unjustiliable 
insinuations of the Commissioners of the malfea- 
sance by United States officers, of frauduhsnt 
practices of the Alaska Commercial (;0mpany 
when lessees, and of collusion, necessarily im- 
plied, l)y the r>ond(Mi tirm of C. M. Lampson & 
Companv; only statin«i- Ix-re, that nil such evi- 
dent atteni[)ts to mislead the Tribunal of Arbi- 
tration and to obscure the true issue are un- 
founded in fact and unsupported by proof or 
evidence of any sort. 

All reference, therefore, to the manag'emcnt of 
the Pribllol" Islamls subsecpient to the introduc- 
tion of pela^-ic sealinn', when it became a factor 
in th,e diMMvase of the seal herd, the United 
States repeat, is irrc^levant to the true issue — 
the cause of the present depleted condition of 
the Pril)ilof rookeries. 



AN ai-li:(;i:d oausk of Di:ri;i:.\si:. 



GO 



lent of 
roduc- 
Ifactor 
United 
Isiic — 
Ion of 



The allowd excessive^ killiii<r of mnlo seals Konnd.itidn <>f 
iniist rest entirely on tlic projjosition, wliicli tln-Nivc killing. 
Ueport ciideuvors to establish, tliat, 1)\' means of 
tills license to slaugliter 100,0(>0 }'onn|L5' nudes ou 
the Islands, the br(;(Mhn<^' males have become so 
(hipleted as to be nnal)le to fertilize the fciiwdes, 
llnis creating a decrease in tlie birtli rate siifli- 
cient to account for the present coiKhtion of the 
Alaskan seal herd. To establish tliis, tlie (Com- 
missioners refer, among otlicr things, to the rc- 
})ort to the Treasury DcipartincMil in IS' 5 of 
(Captain Charles Bryant. Tliis ofheial did. as CMi.tuin I'.r.vnnt 

ilS ;l wit Miss IdV 

stat(Hl in the Uei)ort (Sec. ()7S), advise the SiH-re-iiiti coimuibsiju- 

cr.4. 

tarv of the Tniasury, in view of his observations, 
to reduce the nundxM- of the (piota to SojdOO 
shins; l)ut the true reason (»i tliis rec(^nnnen(hition 
is ol)scured in the Re])ort by a collection of quota- 
tions from various writings, of which he is the 
author, am* bv })lacing an erroneous inter])i-eta- 
ti(m on his language. 

The reasons for his report of 1875 are clearlv e.hsoiis for iiis 
shown by an examination of his testimony belbre 
a committee of the House of Representativ(;s in 
187(5. Ca])tain Ih'vant there makes the follow- 
ing statement : *'In tlu-" season of 18G8, before 
the ])rohibitory law was ])a.>s(;d anri enforced, 
numerous parties seah^d on tlie Islands »t will and 
took about two hundred and fiftN' thousand seals. 



I 



70 



MANAGEMENT, 



Ilfasims 



iv.r hisTlioy killed mostly all tlu^ product of 18G6-'G7. 
Ill inakiiiu' our calculations for breeding- seals we 
did not take that loss nito consideration, so that 
in 1872-'73, when the crop of 18GG-'G7 would 
liave matured, wo were a little short. These 
seals had been killed. For that reason, to ren- 
der the matter doubly sure, I recommended to the 
Secretary a diminution of 15,000 seals for the 
ten vears ensuinij:. I do not, however, wish to 
be understood as sayinn' that the seals are all 
decn.'asing- — that the proportionate number of 
male seals of the })roper age to take ir> decreasing. 

"Q. The females are increasing! 

*'A. Yes, sir; and consequently the number 
of pups ])roducod annually."^ 

In l'S72 the seals taken were prinf'ij")ally four 
and six years old and some of seven years old 
were killed (Sec. 812). Tliis was drawing from 
the same class of seals killed in 18G8,' which 
would, had they been spared, have appeared on 
the rookeries as breeders in 1873 and the years 
thereafter. 

The following year (1873) iha class of skins 
preferred were "three-year-olds" (Sec. 813), or 
those born in 1870; the so-called "crops" of 
18G'J aud 1870 would not have been fit to go on 



' ITo, Kpp., 4Uli Coup;., 1st Soss.. K'opt. No. 02!^. p. 99. 
"Appcutlix to Case of the IJniteil States, Vol. II, p. 7. 



AN ALLEGED CAUSE OF DECREASE. 



71 



of 



pkins 

I" of 
lo oil 



the breeding? rounds till 1875 or 187G, whicli ^^•^"/'""^ ^''^^'^ 

» o ' report. 

would coiTOspoiid with Captiiiii Ihyaiit's state- 
ment that the decrease in male life ceased in 
187G and breeding- male seals beg-an to increase 
to such an extent in 1877 that he affirmed that 
in two years (1879) the loss would be made 
good (Sec. 679). This is further and fully ex- 
plained by the same witness in his deposition 
appended to the Case of the United States.^ 

The evidence presented in the Keport, which , Divisions of cvi- 

^ ^ deuce. 

treats of the period from 1870 to 1880, consists 
(1) of statements to tlie effect that 100,000 or 
more skins could not be taken on the Islands 
without depleting the herd, and (2) of other 
statements or conclusions to the effect that the 
male seals, both breeding and nonbreeding, had 
decreased during the first decade of the lease of 
1870. 

As to the first s<-atements mentioned, it is in- irroiovancy of 

tlio lirst dividiuii. 

sisted by the United States that it is entirely ir- 
relevant how many seals were taken on the 
Islands annually, unless it can be shown tliotthe 
number killed resulted in a diminution of the 
normal number of the seal herd, or at least the 
male portion of it. The so-called proof, how- 
ever, on this point whicli the Report presents as^,,,,"„|!,',''"7r To 
to the Kussian period oi occupation is so mani- 

' Appendix to tlie Case of the United States, Vol. 11, p. 7. 



14 



!i 



72 



MAXA(iEMEXT. 



riif;iim(ssnstnfostlv' llllfaU" tliat < 

H*^;iti'lii('iits iis to 

Russian lujiioii. its inisloa(lin<r cliarjicter 



1. on slioiild 1)0 directed to 
'J'lie (Jomniissioners 
state that from 1 787 to 1806 tlie number of skins 
taken was 50,000 annually; from 1807 to 181G, 
47,500; and from 1817 to 1806,25,000. Tlie 
desire is to sn^-gc^st tlic inference tlint tlic lulling 
of 50,000 was excess! v(^, the lie])(irt j^-ivinu' as a 
secondary reason for the evident decrease the 
"ncarlv promiscuous slaughter (for tlie first |-;irt 
of tliis period) of seals of Ijotli sexes and all ages." 
(Se.-. 40.) 

^J'lie United States contend that the "nearly- 
promiscuous shiughter," mentioned as a second- 
nr\- cause, was the principal cause, and that the 
(>\pi-essi(»n "for the first ])art of lliis period" is 
intentionally indefinite, though it appeal's from 
the IJejtort thnt the killing of fenuiles was not 
prohihited until 1847 (Sec. 37, p. 8). The IJeport 
states that in 1836 nn exceptiouidly severe winter 
caused a great mortality among the seals, so that 
only4,100of all classes were obser\('d on therook- 
crii'H (8t!c. 8<M)) ^\hi(•h reduced the birth rate for 
a numbei* of years iuul necessarily, also, the 
annual number of skins secured. The inclusion 
of this tinu' <^f scarcity in all class(^s of seals in 
the period of 183 \ to 1866 is most misleading ;^_s 
to tlu' (piestion of how many mnle senls c;in bo 
taken when the rookeries are in their normal 



AN ALLFCED CAUSE OF DECREASE. 



73 



condition. An exaniination of" the Rnssian docu- , ''^''.^ " ""'I'^'V'' 

inents lierowith .sul^niittcd shows that from ISGO'"^'^* 

to I8G0, inchisive (wlien it may be assumed tlie 

I'ookeries liad recovered from the mortahty of 

1836 and the sLaugliter of female seals prior to 

1847), the annual quota ranged from 45,000 to 

70,000 on St. Paul Island alone, and that tlio 

only reason why more Avere not taken was the 

))lethoric condition of the Chine;--c, llussian, and 

American markets.^ 

Tl\e other class of statements or conclusions fofond division 

of evidence. 

advanced, to show that the breeding and non- 
breeding seals decreased during the ten years 
folloH'ing the leasing of the Pril)ilof Islands in 
1870, may be divided into three heads, namely, 
(1) an alleged increased proportion of females to 
breeding males, (2) an alleged recognition by 
the lessees of the decrease of male seals, and 
(3) alleged overdriving and resort to new areas 
to obtain the quota. The first allegation is Compmisons o! 

. . liannns 1S7() iiiid 

based entn-ely on comparisons between the earlj'iS'Ju Jnoiovaut. 
years of the lease of 1870 and the last two or 
three years of the same (1889-181)1). Tho 
United States insist that such comparisons aro 
irrelevant, for, even if the breeding males were 
disproportionately few during the latter years, it 

' Post pp. 193-191). IJaiicnift's Alaska, p. 1582: "In 1851, 30,000 
oonld 1)0 killed aniually at St. Paul Island alone, and in 18G1 as 
nniny us 70,000, without tear of (!xliaustin;j tlie supply." 



74 



MANAGEMKNI 



''i 



CompiiiisniiH of is tliG I'osiilt of Ji (Iccroased blrtli rate caused by 

liaroiris ISTO ;in(l "^ 

1800 inoicvaiit. pelugMc sejiliii<^". Tlic Uiiitod Slates, however, 

deny tliat liarems have increased "from four to 

eiglit times" over their size in 1870-1874. 

(Sec. 54.) 

Thecnrf.'iiiinont Hr. Henry W. Elliott, who is relied on as an 

of II. \\ . Klliott s -^ ' 

Btatumeut. authority in this matter by the Commissioners to 

show that the harems averaged from 5 to 20 
cows in 1874 (Sec. 203), states, in the same pas- 
sage from which the quotation used in the Ileport 
has been extracted, that there are " man)^ in- 
stances where 45 or 50 females are under the 
charge of one male," and he closes his sentence 
by stating that the average given is not entirely 
satisfactory to himself.^ This curtailment of Mr. 
Elliott's statement is in flagrant violation of the 
Commissioners' Letter of Instructions, in which 
Lord Salisbury says: "I need scarcely remind 
you that your investigation should be carried on 
with strict impartiality" (p. 2). 

iTaroms in 1891. The Report fails to give any testimony to show 
how many females constituted a harem in 1891» 
and makes the statement, wholly unsubstantiated 
by proof, that the harems have increased in size 
"from four to eight fold." (Sec. 54.) 

Riiriiiusofviriio The present surplus of virile males has been 

males. 

fully treated of in the Case of the United States,^ 



lUiiHod Stntos Consns Report, 1880, p. 36. 
•Case of Ibe United .StatcB, p. 172. 



fei 



AN ALLEGED CAUSE OF DECR :A.SK. 



75 



been 

I. 2 

iitos, 



and a i)1io(on'rjn)li tiikcn by ^Ir. Stanltiv-lirown Snri.iusof viiiin 

. . - . " ' '"'lies, 

in 1892, at thv lu'i;;'lit ot" tlie breeding- season, 

sliows a num])er ot" vio-«m)Us bulls located on the 

breeding- grounds unable to obtain consorts.^ On siz^ of iiaicmH 

in \X')'' 

July 19, 1892, Professor 15. W. Evennann, of the 
United States Fish Coininission, a well-known 
authority on snl)jects of natural history, counted 
the number of bulls, cowsj and pups on a section 
of Lukannon Rookery, St. Paul Island, and the re- 
sult was as follows: 13 bulls, 90 cows, and 211 
2)ups.^ If each cow in a liareni was represented 
by a pup, the average number to a bull would 
be 15, certainlv not an excessive number even 
according to the Report. 

The Commissioners also rely on a newspaper Aiioffod snin- 

inar.v of a ri'imit 

extract, which puri)orts to be a summary of a re-i\v h. w. Elliott 

^ ^ ' in IS'JO. 

port made by Mr. Plenry W. Elliott in 1 890 to the 
Secretary of the Treasury, to establish several 
alleged facts (Sec. 832). One of these state- 
ments in this alleged summary (Sec. 433) is that 
there were 250,000 barren females on the Pribi- 
lof Islands in 1890 (Sec. 832, p. 40). This is 
cited by the Commissioners to show the lack of 
virile males on the rookeries in that year. An 
examination of the extract as published in volume 

'J. Staiiloy-Rrown, pout p. liSG. 
2 B. W. Evenuanii, iwst yi. 264. 



i ii 



)h 



IG 



MANAGEMENT. 



Aiioged siiiii-TII (►f tlio A})[)eiulix totlionaso of fjroat TuMtiun 
^v^\/\\^^Vllil!!t(l>J^•liilnl('ntl•y Pii])ur C— OliCS, No. 2, 18!)1, p. 
(jOj discloses the fact that tliis stattMiieiit apjicars 
after the sig-uaturo of Henry W. ElHott, and it 
can not, tlierefore, be construed as a portion of 
such report. Furthermoi'e, liow the Connnis- 
sioners can question Mr. EHiott's power to com- 
l)ute the number of seals on the Ishinds, as tliey 
have done, and still rely at all on his computa- 
tion as to the number of barreu females needs 
explanation. 

Ancsoiirpro.niii- The second mode by which they endeavor to 

tioii of decrease , -, • xi 1 1 J ' • x 1 oon 

by lessees. show a dccroase m the seal herd prior to 1880 

is by j)ointing' to an alleged recognition thereof 
on the ])art of the lessees in the reduction made 
bv them of their catch in 1875, and to an alleji-ed 
lowering of the standard of weijjhts of skins. 
The Report proceeds as follows: "In the sauie 
year [1875] the number of skins obtained was 
considerably reduced in the face of a steady 
market and before the decline in prices of the 
two succeeding- years " (Sec. 44). This state- 
ment is clearly incorrect, as is shown by the 
references cited.^ Another allegation as errone- 
ous as the foregoing is contained in the state- 

' British Comra. Kept., p. 132. Appendix to Case of tlie United 
Stato3, Vol. II, pp. r')58, 585. Tahlo of seals taken ou Pribilof 
Islands for all purposes, jjost p. 427. 



AN ALLEGED CAUSE OF PEOIJEASE. 



77 



mont of the Report that tlio standard of skins 
was lowered from time to time, implviny- an 
inci-easinjr scarcity of males (See. (J;)4). In 187(; A;7'-,Y.-w..i.r),t8 

n J \ y (i| Al;isk;ni culcli, 

the average weight of all the skins of the Alaska '''''*^'^^"*^" 
catch was 8 ponnds, which remained ahont the 
average till 18H(j, the average weight being in 
that year lOio pounds; from that time, coinci- 
dentally with the increase of [)elagic sealing. 
the weight dropped to i)|f pounds in 188(), 8^ 
pounds in 1887, Sh pounds in 1888, and linally 
in 1889 to 7foj pounds, the lowest stamhml ever 
reached.^ The United States, therefore, deny 
the statements made in the Report as to the 
reduction of the "standard of weights" (page 
119, C). 

The Commissioners also rely upon a statement '^}'"' n'""i'<'r «f 

■^ ^ seals tukcii Iroiii 

alleged to have been made to them by Mr, ^'"^''''^'''''''^ ^'"'"^• 
Daniel Webster that, in 1874 and 1875, from 
35,000 to 30,000 skins were taken from North- 
east Point rookery and that, since 1879, from 
29,000 to 18,000 skins only had been taken 
there, thus implying a large decrease in the seals 
resorting to this great rookery (Sec. 677). The 
annual killings on Northeast Point are condjined 
in a table submitted lierewith," which gives tho 
numbers annually taken thereon and the [)ercent- 



' Mux Heilbronner, post p. 369 and table facing. 
•Table of seals killed on Northeast Point, post p. 427. 



I I 






v^. 







IMAGE EVALUATION 
TEST TARGET (MT-3) 







1.0 



I.I 



f.ii lllly 

32 






C 



lil^ 



IIIM 

12.2 

1.8 



1.25 U 16 




^ 


6" 


► 




Photographic 

Sciences 
Corporation 



33 WEST MAIN STREET 

WEBSTER, NY 14580 

(716) 872-4503 




^y.^ki 






I 




^"4 



78 



MANAGEMENT. 






The nnmiior of ago to tho whole number killed on St. Paul 

Roals tak(;ii fruin 

Northeast Poiut. Island. From this table it appears that in 1873 
26,309 seals were taken, bein*^ 34,9 per cent of 
the whole number; in 1874, 34,520, or 37.5 per 
cent; in 1875, 35,113, or 39 per cent; in 1888, 
33,381, or 39.7 per cent; and in 1889, 28,794, or 
33.9 per cent. The average percentage for the 
nineteen years during which the lease may be 
said to have been in operation (some 3,400 only 
having been taken the first year under the same) 
is 31.4. The Commissioners give the number 
taken in 1889 as 15,076, claiming the same to bo 
from official records, but the citation given is to 
a report to tho House of Representatives printed 
ir 1876 (Sec. 077). Evidently this is a clerical 
error, but it deprives the United States of the 
opportunity to examine the authority intended 
to be cited. 
to^"™d'"arcl8 'The question of di'iving in 1879 from areas, 
'° ^**'^* before reserved and untouched, is used in the 

Report to show that the male seals had decreased 
to such an extent as to compel the resort to these 
hauling grounds. The Commissioners refer to 
this in the following words: "Whatever may 
have been the detailed history of tho seal inter- 
ests on St. Paul in tho intervening years, the 
fact that in 1879 it became necessary for the first 
time to extend the ai'ea of di'iving, so as to in- 



AN ALLEGED CAUSE OP DECK K AS E. 



79 



elude Zapadnie and Polavina rookeries, or the AiicReii resort 

to ri'HtTvcd arena 

hauling gi'ounds adjacent to them, shows con- >" i»7a. 

clusively that a great change for the worse had 

already occurred at that date" (Sec. 684). 

This statement is not in accord with the facts. No imuiinB 

f^roiiiula ever ro- 

Pri<)r to 1879 Polavina had been driven fn)ni»»"vcd. 

every year but two, and Zapadnie had supplied 

its portion to the quota of skins every year of 

the lease prior to 18/9, as is shown in tho 

table cited.^ The United States, therefore, insist 

that this statement in the Report should not bo 

considered, in examining tlie qr-^stion as to tho 

cause of the decrease of the seal herd. The overdriving nna 

,. /• !•• ji«'i ij redrivini' siibso- 

questionoi overdnvmgand rodrivmg has ah-eady ,,,H.iit to i88o ir- 
been fully treated of in the Case of the United 
States;^ it may be noted, hov/ever, that Mr. 
Elliott is quoted as stating that overdriving was 
first begun in 1879 (Sec 714), which is the year 
mentioned in the erroneous statements, abovo 
referred to, as to the commencement of driving 
from Polavina and Zapadnie. 

It is insisted by the United States that driving 
and redriving after the introduction of pelagic 
selling, if any occurred, are directly chargoablo 
to the condition created by open-sea hunting. 

The United States, therefore, deny tlmt any Denial of do- 
valid evidence has been advanced by the Com-islja" i"^'"' 

' Appendix to Case of tbo United States, Vol, II, pp. 117-127. 
'Case of the United States, p. 158. 



80 



PELAGIC SEALING. 



Deiii.ii of (le-raissioners siifiicieut to establisli that any portion 

crensc i»iior to " 

i«*^o. of the seal herd decreased prior to 1880, or that 

there was a paucity of male life during that 
period on tlie breeding grounds, or that the man- 
agement and metliods in force on the Pribilof 
Islands have been a cause of decrease in the 
Alaskan seal herd. 

PELAGIC SEALING. 

Tiio Hriiort an Tluit portion of the Report of the British Coin- 
it ixdoj^y I'or pc- 
lagif Healing. missioncrs which considers the effects of pelagic 

sealing upon the Alaskan herd is in the nature of 

an apology and an attempted justification, for the 

Commissioners S[)ecincnlly admit that pelagic 

sealing is indiscriminate (Sec. 633) and tends 

towards decrease (Sees. 60, 71). Tlie apology 

rests upon three propositions wliicli they endeavor 

to establish by evidence i)rincipally obtained 

from interested parties at Victoria and which are 

herein treated in the order of their importance as 

recognized in the Report. 

1. That the percentage of female seals in the i)cla(jic 
catch is not large. 

The Indian c\ i- Tiie Report first cites in this connection so- 

tlciico submitted. *■ 

called " evidence," alleged to have been obtained 
from Indian hunters at various points along the 
Northwest Coast (Sees. (535-641), and in wliich 
there is a careful avoidance of names of inform- 



PERCENTAGE OP COWS IN CATCH. 



81 



ants. It IS insisted by the United States that The Indian ovi- 

, • . (lenco submitted. 

such testimony is valueless for the purpose of 
establishing any conclusion worthy to be relied 
upon in this controversy. 

The second class of testimony presented to Testimony of 

. . interested parties 

sustain the position of the Report m obtained submitted, 
from sworn statements of Canadian sealers, which 
the Commissioners admit are not " entirely untinc- 
tured by motives of personal interest" (Sec. 634). 
These alleged statements of Indians, whose 
names are not made known, and of other wit- 
nesses, admitted to be subject to suspicion, are 
the sole foundation, so far as matters of fact are 
concerned, for the defense by the British Com- 
missioners of pelagic sealing. 

The largest percentage of females admitted , Percentage of 

or o iemales admitted 

by these "most experienced and intelligent pe- *» ^« *»•'»'»• 
lagic sealers" (Sec. 642) to have been taken by 
them along the Northwest Coast is fifty out of 
one hundred seals, and but three men make 
this admission (Sees. 644, 645, 646). The other 
witnesses quoted (fifteen in number) vary con- 
siderably in their opinions as to the number of 
females taken in a catch, the percentage alleged 
ranging from two and a half to over forty, the 
majority giving it as from twenty to thirty (Sees. 
644, 645, 646). It is difficult to understand how statements 

^ consisteat with 

these statements can be harmonized with the de- *^'* Report, 
12364— r6 



/ 



IT 



82 



PELAOIC SEALING. 



V ■', 



statempnts in- pleted coiiditiou oftliG male life of tlie Pribilof seal 

cousistent with 

the Kepoit. herd, SO often alleged in the Report, and with the 
statement that "the persistent killing of yonng 
males has led of late years to the existence of a 
very large surplus of females, and that, there- 
fore, the proportion of females to the whole num- 
bers of seals, whether at sea or ashore, is, at the 
present time, according to the information ob- 
tained by us, quite abnormal" (Sec. 635). As 
this information last referred to has evidently not 
been published by the Commissioners in connec- 
tion with their discussion of pelagic sealing, un- 
less it is embodied in the statements obtained at 
"a conference held with a number of representa- 
tive pelagic sealers" (Sec. 648), at which con- 
ference "no degree of reticence was shown in 
answering direct questions on all points involved" 
(Sec. 648), it is impossible to draw any conclu- 
sions therefrom, except that this information is in 
direct contradiction to the testimony of the wit- 
nesses named in the Report. 
Tiio Btatcmpnts j^ yiew of the admitted untrustworthiness of 

in the Koport do- 

""'*^' the evidence advanced, and in view of the con- 

clusive proof presented in the Case of the United 
States on this question, the United States deny 
that the jiercentage of females in the pelagic 
catch has been exaggerated in their Case, and 
present herewith as corroborative evidence ou 



it 



rERCENTAGE OF COWS IX CATril. 



83 



of seal 
ith the 
young 
;e of a 
there- 
3 imm- 
at tlie 
on ob- 
)). As 
itlv not 
connec- 
ng, un- 
lined at 
resenta- 
^h con- 
lown in 
volved" 
conclu- 
on is in 
he wit- 

liness of 
le con- 
United 
;s deny 
I pelagic 

|se, and 
Inc© ou 



this subject tlie rei)ort of Cant. C. L. nooi)er, Capt. iioopor's 

iiivostijjatioiiH, 

U. S. R. M., wlio ciMiised in Bering Sea . luring siumueroiibw. 
the summer of 1892 and under the dh-ection of the 
Grovemmentof tlie United States made a series of 
systematic observations as to the distribution and 
classes of seals found in those waters, for which 
purpose he took a limited number of seals at sea.* 
The result of his observations and experiments 
was ihat, of 41 seals shot and secured, 20 

Catches of v«s- 

were females. Mr. Malowanski, the agent of 8?i'*«™i|*yKu8- 

' " 8ia, 1892, 5X) per 

the Russian Sealskin Company on the Com- '"'"'' ^'*'"'''**'*" 
mander Islands, examined about 2,700 skins 
taken from sealing schooners, seized in the 
neighborhood of those islands by the Russian 
authorities during the summer of 1892, and 
found that over 90 per cent were the skins of 
female seals.^ 

This is also verified by Mr. Grebnitzki,' the 
Russian official in charge of the Commander 
Islands, and by an examination of over 1,000 of 
the same skins specially made in I ^ndon.* The Ex.imination of 

^ '' pelagic catches, 

depositions of the expert furrier Mr. Behlow, ^^^-• 
who has examined the catches of a number of 
sealing schooners entered at the port of San 
Francisco during the summer and fall of 1892, 

' Report of Capt. 0. L. Hooper, post tahle facing p. 219. 

•John Malowanski, post p. 374. 

3N. A. Grebnitzki, post p. 3(56. 

* Statu:uuut by C. W. Martin & Sons, post p. 417. 



*t 



84 



rELAOIC SEALING. 



. 



I 



Kxaminntion of confirm tlio fact that a very larji^o proportion of 

pelitj^ic catch OH _ , . 

i«»^- the pelagic catcliea consist of female seals.^ 

Proportion of 'f jijg ]arnre ratio of females taken at sea does 

fi'tiiiilcs taken at '^ 

Boa prior t J 1870. ,j^^^ j;^|-^,j. f^.^^j ^\^.^^ observed before the Pribilof 
Islands were leased. In the official report on 
the seal question made by a special aj^ent of 
the United States on November 30, 1869, the 
following" appears: "Nearly all the 5,000 seals 
annually caught on the British Columbian coast 
are preg-naut females * * *,"^ and Capt. 
Bryant, in 1870, also states that "formerly in 
March and April the natives of Puget Sound 
took large ninnbers of pregnant females."' 

JS. That pelagic sealing in Bering Sea is not as de- 
structive to seal life as pelagic scaling in the 
North Pacific. 

There is an evident attempt on the part of 

the British Commissioners to establish that the 

principal harm to the seal herd resulting fron 

pelagic sealing is inilicted during the herd's 

Oronnds for tho migration in the Pacific Ocean. This is based, 

Report's state- . • 

mcuta. primarny, on the assumption thp,t no gravid 

females are taken in Bering Sea (Sec. G48), and 
that the alleged occasional deaths of "a few 

• C. J. Itehlow, poat pp. .%3-.S!")8. 

«Kx. Doc. No. 32, -tlst Con.u;., l.'<l Sohb., p. 39. 

'Unll. 2, Mils. Coniji. Zoiiloyy, p. 88. 



on of 

b does 
ribilof 
>rt ou 
ent of 
9, the 
d seals 
1 coast 
Capt. 
Bi'ly ill 
Sound 

)t a^ de- 
in ilic 

part of 
hat the 
ijy fro VI 
herd's 
based, 
gravid 
t8), and 
^"a few 



IN UERINO SEA AND NORTH PAC^IFIC. 



85 



females in milk" (Sec. (J49) does not destrov (JromuiH for the 

^ ^ " Ktnt.rt 'h state- 

the offspring of such females (Sees. 355, 35G). mcnta. 

It will be seen, on an examination of the state- 
ments of the pelagic sealers quoted in the llej)ort 
(Sees. 645, 646), that but eight ref(?r to the num- 
ber of females taken in Bering Sea, and these 
give percentage's which are practically the same 
as those given for the catch in the North Pacific. 
It is, therefore, conceded that the destruction of 
female life in Bering Sea is as great as along the 
Northwest Coast. The distinction is made, how- Pregnant fo. 

nialoa. 

ever, that no gravid females are taken in Beriiig 
Sea. It mUst be recollected, in this connection, 
that the admitted period of gestation of the fur- 
seal is "nearly twelve months" (Sec. 434), and 
that, therefore, an lult female which has been 
fertilized is j)regnant at all times when found 
in the water, and certainly so if the fact alleged 
in the Report, that the female remains on the 
rookeries from fom* to six weeks after giving 
birth to her young, could be established (Sees. 
306, 307). 

The designed iin))lication that very few nursing Nursing females, 
female seals are taken by pelagic sealers (Sec. 
649) is based on pure assumption, no evidence capt. HoopM-'s 
being advanced to support it. Capt. Hoop(>r, i8<»2. *"' '"""' 
already referred to, states that of 29 female seals 
taken by him in 1 89" in Bering Sea, 22 were 



w 



m 



PKLAGIC SEALING. 



tlie ruukoi'icu. 



KxniniiiMiioii of nursinfr toiiuilos;' jiiul Mr. C. II. Townsoiul, of the 

Hcal.s l.y C. H. ^ 

Towiiseud, 18"J2. U. S. Fisli Comiuissioii, the well-known naturalist 
who accompanied him, includes in his deposition 
a photojrraph of two half-skinned cows taken 
Aujrust 2, 1892, 175 miles from the Pribilof Is- 
lands,'^ exhibiting the distendcnl mammary glands, 
"which in all cases were filled with milk."* 

That the pups of these nursing- cows are de- 
pendent solely upon their mothers for nourish- 
ment has already been discussed both in the Case 
of the United States and in this Counter Case.' 

The Commissioners, to support their position, 
endeavor to explain away the obvious inference 
derivable from the fact that a large number of 
dead pup-seals were observed by them on the 
Pribilof rookeries during their cursory examina- 
tion of seal life on the Islands. It is evident, 
from the efforts made and theories advanced to 
explain this mortality, that the Commissioners 
considered the presence of these bodies prima 
facie evidence of the fact they endeavor to dis- 
prove (Sees. 344-356). These officials have, 
through some strange circumstance, been led 
into the belief that they were the first to 

' Capt. Hciopcr's report, poitl table facing p. 219. 
« C. H. Towiiseud, pout p. 394. 
* Ante p. 53. 



IN BERING SEA AND NORTH PACIFIC. 



87 



observe this mortality aiuoiifr the 0111)8 on the oond pups ou 

*' " * ^ ^ the lookcriw*. 

rookeries (Sec 83), from wliicli belief they draw 
the inference that "the death of so many young 
seals on the Islands in 1801 was wholly excep- 
tional and unprecedented" (Sec. 355). The dep- 
ositions, however, of many witnesses appended 
to the Case of tlie United States show not only 
that dead pups had been observed on the rook- 
eries as early as 1885, but that the numbers had 
after that year annually increased.^ Mr. J. 
Stanley-Brown testifies that he had already seen 
and noted the dead bodies before the Commis- 
sioners firrived at the Islands in 1891, and that 
the cause of death had been fully discussed by 
those on the Islands.^ 

The same opinion as to the cause of this mor- Cause of douth. 
tality, which "in no instance was * * * at 
first voluntarily advanced " (Sec. 83) to the Com- 
missioners, namely, " the killin<^ of the mother at 
sea " (Sec. 83), existed for several years before 
the British officials examined the Pribilof rook- 
eries.^ It is unfortunate for the position taken 
by the Connnissioners, to the effect that the mor- 
tality was unusual and that the cause assigned 

I Appendix to Case of the United States, Vol. II, pp. 32, 30, 51, 
71, etc. 
^ Appendix to Case of the United States, Vol. II, p. 19. 

'Appendix to Caao of United States, Vol. .II, pp. 32,39,51, 
71, eto. 



PELAGIC SEALING. 

Cttuaeofdoatb. by tho8o Oil the Isliuuls a (lay or two after tlio 
investigations by those officials wtis a novel sug*- 
gestion, that, notwithstanding the "care" asserted 
by them to have been taken to complete their per- 
sonal knowledge of all documentary evidence 
obtahiable, " including tlie previous official cor- 
respondence" (Sec. 8), they should have over- 
Mr. ninino'Blooked a note from Mr. Blaine to Sir J. Paunco- 
i8ao. 'fote, dated March 1, 1890 (Parliamentary Paper 

[C, 6131], 1890, p. 424), in which were inclosed 
extracts from an official report made to the House 
of Representatives in 1889, which document is 
so often (pioted in the British Report. Among 
these extracts a])pe{U's the following statement 
made by Dr. II. H. Mclntyre ibid (p. 430) : 

"The marauding [pelagic sealing] was exten- 
sively carried on in 18> .) and 1886, and in pre- 
vious years, and of course the pups that would 
have been born from cows that were killed in 
1885, or that perished through the loss of their 
mothers during that year, would have come ui)on 
the islands in 1888. « * * J would say, fur- 
ther, that if the cows are killed late in the season, 
say in August, after the pups are born, the latter 
are left upon the island dei)rived of the mother's 
care and^ of course, perish. The effect is the same 
whether the cows are killed before or after the 
pups are dropped. The young perish in either 



IN IJKFMKd SKA AND NOKTII l'A( IFIC. 



SO 



case" (ibid., p. 4IJ0). At iiuolhur place, nuotinijf Mr. lUniii.'s 
from tiio tostiiiioMv ol' Jacol) 11. Moiilton, the is'JO. 
following- appears: "Q. WIumi a tbiualo i.s nuv.s- 
iii}4' her yoiiii<»' ami j^oos out. lor food and is 
killiMl or womidcMl, that I'i^sults also in tlio death 
of hor youii^-? — A. Yo.s, sir" (ibid., )>. A'.V*). 

This oxplai.atiou of the cause of the (hsath of ,^, ,<;•;;; J^;»[^^^^^^^^^ 
pup-seals is not recoj^nized by the lleport, excc; ' ''"''* 
to contradict it. In place of it four specific causes 
are advanced, "to which the mortality noted i. ly 
be attributed with g-reatest probability" (8ec. 
350) : First, the killiun- of the mothers by taking- 
theiii In "drives" from tiie borders of the breed- 
ing grounds; second, an epidemic disease; third, 
crushin;;^ of the pups in stampedes; and, fourth, 
raids on the rookeries (Sec. 3a(!, a, b, c, d). 

The first canse allejrcMl, namely, the drivinj-* and i- T^iivincr n nd 

'^ ' * ' " killing or t lio 

killiu<r of the mothers, is iinsupporttMl by any "wtiuiadiscuastd. 

proof whatsociver, and will not account for the 

deaths on Tolstoi Rookery, where the greatest 

number of bodies were seen by the Connnission- 

ers (Sec. 360), l>ecause no "drive" was had in 

18i)l within a quarter of a mile of that rookery.' 

Tlie second cause alleged, an e|)i(h'mic disease, 2. Anopidomic. 
is nu}Ye hypothesis, and has ali'eady been treated 
in the Case of the United States.*^ 



'J. Staiiloy-Hiowii, post p. 388; W. II. Williaiii.-i, iwtil p. 3UU. 
» Case of Hio United States, p. 216. 



90 



PELAOIC SEALING. 



3. Pups TiiHiiea Tlio tliird allo^^ed cause, the crushing of the 

ill stuLUj^icdus. 

pu})s iu stampedes, has no evidence to support it. 
The only instance of even a supposed stampede 
on any ))reeding grounds is mentioned in the 
ItL'port in the following words : " During the 
summer of 1891 a panic was caused on the Reef 
Ivookory of St. Paul Island by the drifting over 
it of the smoke from a steamer which was en- 
tering the anchorage there" (Sec. 332). The 
Commissioners do not specify the information 
upon which this statement is made, and Mr, J. 
Stanley- lirown testifies that no one saw such an 
alleged stampede.^ The dithculty and practical 
impossibility to cause a stampede or create a 
panic on a breeding ground are clearly shown by 
Dr. II. H. Mclntyre,-^ Mr. J. Stanley-Brown,^ and 
others conversant with seal life.^ If a stampede 
ever did take place among the breeding seals, no 
evidence has been advanced to prove it. 

4. rossiiiiorni.ia Tlie fourtli aud last cause, which is stated to be 
cussud. "within the bounds of probability" (Sec. 356, 

p. G4), is that the female seals were killed by 
raiders, or by a stampede resulting from a raid. 
The Report offers no evidence whatever of such 

' I'ost p. S ^8. 
3 1'ont p. :J71. 
" W. II. Williams, post p. 398. 



r' 



IN BERING SEA AND NORTH PACIFIC. 



91 



and 



raid, 
such 



a supposed raid, and even alle<»'e8 that it must 4. PosHihicMi.iH 

as a cause dis- 

have been unknown to those on the IsUu ids mussed. 
(Sec. 355, p. 64), and the further fact that num- 
bers of dead pup-seals were observed by tlie 
Commissioners on rookeries miles apart ne- 
cessitates the assumptioji that there were sev- 
eral distinct raids, of which no traces could bo 
found. At this time, also, when so many dead 
pups were found, the waters about the rookeries 
were patrolled by American and British war 
ships.^ On what this assumed cause of death is 
based, it is, therefore, difficult to comprehend. 

All the bodies of pups examined by Dr. ^'^ *'»o ijodios 

^1 '' I'liiaciiitod. 

Ackerly ("Adand," in the Report, Sec 352) 
and by Dr. Gunther (Sec. 354) vrere without 
food in the stomachs, and the testimony pre- 
sented in the Case of the United States^ shows 
that these bodies were all very much emaciated. 
It seems an extraordinary circumstance that all 
the young- seals destroyed by stampedes, epidem- 
ics, or raids, if any of tliese were the cause, 
should have been starvelings. 

The reports froin the Islands show an enor- .^^'"V •^'^''''onso 

r ot (lead pupu m 

mous falHng off in the number of dead pups on ^^'^'^' 
the rookeries in 1892 as compared Avitli 1891. 
Those who visited the Islands in 1892 make tho 



'Charts of cruises, 1&91, Nos. 1, 2, aud 3. 
< Case of the United States, p. 213. 



92 



PELAGIC SEALING. 



Groat (io(n-."as(ifoll(nvino- statoiTioiits. Mr. Stunley-Brown, who 

of <k'iid pupa ill 

i«9-- was, also on tlio Islands in 181)1, says: "Dead 

pu]is wore as conspicuous by their iufre- 
quency in 1892 as by tlieir nunierousness in 
1891."^ Col. Joseph Murray, who has boon 
Assistant Treasury Agent on the Pribilof Islands 
from 1889 to the present time, states: "I Avent 
over the rookeries carefully in 1892 looking for 
dead pups. The largest number on any rook- 
cry occurred on Tolstoi; but here, as on the 
rookeries generally, but few of them were to 
be seen, as com})ared with last year. This 
was the fn-st time in my four seasons' resi- 
dence on the Islands that the number of dead 
])ups was not greater than could be accounted 
for by natural causes."- And ]\Ir. A. W. Laven- 
der, the Government agent in charge of St, 
George Island, made an actual count of the 
dead pups on the rookeries of that Island August 
29, 1892. He found on the live rookeries 41 
dead pups, "all of which were near the water."^ 
Professoi- Evermann, the expert naturalist of the 
Fish Commission, estimates the immber of dead 
pups on Polavina Rookery in 1892 at less than 
250, and states that there were more dead pups 
here than on all the other rookeries combined.* 



' J. Sliuiley-Iirown, post p. 388. 
• A. W. Liivender, post p. 263. 



' .Tosojili Murray, post p. 378. 
•• li. W. Everinaun, post p. 271. 



n, who 
"Dead 
iiifre- 
iioss in 
s been 
Islands 
'I went 

Ling- for 
y rook- 
on the 
^vore to 
. Tliis 
is' resi- 
of dead 
counted 
Laven- 
of St. 
of the 
August 
ries 41 
ater."^ 
of the 
if dead 
ss than 
d pups 
mied.* 

si p. 378. 



IN BERING SEA AND NORTH PACIFIC. 



93 



In consequence of the zealous and efficient of- ^^^''so of de- 
forts of the naval vessels charged Avith the pro- i'"i"** 
tection of the seal herd and the enforcement of 
the Modus Vivendi^ few sealing vessels entered the 
eastern half of Bering Sea in 1892, and those 
waters were practically free from open-sea 
hunters. If the cause of the mortality of 1891 
among the pups was any of those advanced by 
the Report, it is a remarkable and, for the opin- 
ion of the Commissioners, an unfortunate cir- 
cumstance that witli the decrease of sealino; in 
Bering Sea dead pup-seals have decreased like- 
wise. On the other hand, the increase of sealing t.,[i"y'"'||)^''|5,j^Ji'.J'j; 
in Asiatic waters about the Commander Islands™" ""^*' 
has been followed bv a laro-e increase of deaths 
among- vouns: seals on the Russian rookeries.^ 

The destructiveness of the Bering Sea catch, Comparative 
as compared with that in the North lacinc, isseaaud Paciiio 

catches, 

further shown by the relative sizes of such 
catches. A compilation made from the state- 
ments of yearly catches of the Victoria sealing 
fleet, attached to the Report of the British Com- 
missioners (pp. 205-212), .si lows that the average 
catch per vessel for three years (1889-1891) 
along the Northwest Coast was 587, while the 
Bering Sea catch for the same period of time was 
783.^ It is impossible to compute accurau'ly the 

' Jolin Malowanski, poul p. 371; N. A. flrehnitalti, pout p. 3G6. 
'Tttblos coiiipik'il from CoiuiuissioiicrB' tables, post p. 411, 



94 



PELAGIC SEALING. 



Comparative ratio between tlie North Pacific and Berinj,'- Sea 

sizes of Her in {? 

s«a and Taciiic f^tches foi' a lonofer periorl, as vmor to 1889 the 



catches. 



Bering Sea catch included a portion of the catch 
in the North Pacific (p. 211, note). 
ScMiing season ^hc Report, in treatino: of pelagic sealing 

in Ucnng St-a and ^ ' o i e> o 

Facitic compared. .^I^j^^g l]jg coast, states that the season extends 
from February to June, inclusive, and that in Ber- 
ing Sea it includes July and August (Sees. 132, 
212, 308, .582). It can be assumed, therefore, 
f''om the statements in the Report, that the coast 
catch occupies four and one-half months in taking 
and the Bering Sea catch but two months. On 
tlie authority of these statements above noted a 
table has been compiled, which shows the aver- 
Avorajjo dniiy ac^e daily catch per vessel for three years ("1889- 

catch in Hering o j i ./ \ 

Sea and raciiici89i') along the coast to have been 4.3 and in 

couiparod. ' '^ 

Bering Sea 13.' This includes 1891, when the 
enforcement of the Modus Vivendi seriously cur- 
tailed the season in Bering Sea. The United 
States, therefore, contend that pelagic sealing in 
Bering Sea is at least three times as destructive 
to seal life as that along the Northwest Coast. 

3. That the ivaste of life resultinf/ from pelagic seal- 
ing is insignificant. 

This third proposition is advanced in the 
Report in defense of the method employed in 

> Table cuiuxiilud Irom CoimuisiiiuuLi's' tabled, ^ost p. 411. 



T 



I' 



Vt ' 



RESULTING WASTE OF LIFE. 



95 



!<,' Sea 
89 the 
) catch 

sealing 
extends 
in Ber- 
',s. 132, 
;refore, 
le coast 
: taking 
is. On 
acted a 
le aver- 
(1889- 
and in 
en the 
ly cur- 
United 
lling in 
Iructive 
toast. 

jic seal- 

lin the 
lyed in 



taking seals in the open sea; and the Commis- Waste of life iu- 

sigiiiBcaut. 

sioners, in order to establish tlieir position, col- 
lect and quote the statements of a number of 
persons who disagree with tlie proposition which 
the Report endeavors to substantiate (Sees. 613, 
614). Tiiese statements are all cliaracterized as 
being made by persons ''presumably interested 
in, or engaged in protecting tlie breeding islands, 
but without personal experience in the matter'* 

^ , Theevidonco 

(8ec. 615). Ihe Report then proceeds to array iuivaiuoii lu tiio 
agahist those opinions a number of statements 
"for the most part made by persons directly 
interested in pelagic sealing," but which, it is al- 
leged, "must be considered as of a much higl\er 
order of accuracy " (Sec. 616) than the former 
statements. Tliese interested parties thus quoted 
in the Report (Sees. 616-621) state that the 8eair7"st* by in- 
Indians lose of the seals killed by them "very 
few" (Sec. 618), "at most, a few" (Sec. 619), 
and "one per cent." (Sees. 617, 621); the white PerrontaRo lost 

, 111 T 1 • 1 1 . V»y wbito liuutcra. 

hunters, on the other hand, are credited with losing 
from 3 .V,- 6 per cent (Sees. 616-621). The 
Commissioners then present a number of state- 
ments (Sees. 623-626) collected from inexpe- 
rienced individuals, which are open to the same 
criticisms as the adverse statements first quoted 
in the Report. 



411. 



■r 



96 



PELAGIC SEALING. 



i 5 -'I 
J 5 II 



Tabulated stnto- An eiideavor is then made " to elucidate tlie 

incnts of w li i t o 

hunters. question" under consideration by tabulating a 

number of statements made by white hunters 
and Indians, some of which are supported by 
their depositions and others not. "The results 
of this method of treatment " show that the white 
hunters affirm that they lose but 4 per cent of 
the seals they kill, while the Indians give their 
inoonsistonciesloss as 8 per ccut (Sec. 627). The table eu- 

of statomuuts. 

titled " White Hunters " (p. 107) is averaged, 
while the table entitled "Indian Hunters" (p. 108) 
is not, for the obvious reason that these Indians 
(Sec. 627) appear to have lost twice as many 
seals as the whites, which is in direct contradic- 
tion of the statements quoted in the Report, 
where the witnesses speak of both classes of 
hunters (Sees. 616-621). If the Indian state- 
ments are to be accepted that 8 out of 100 seals 
killed by them are lost, and also the statements 
of Captains Warren, Petit, and others (Sees. 
616-621) that the white hunters lost five times 
as many as Indian hunters, then the former are 
admitted to lose at least 40 per cent of the seals 
they kill. It is difficult to harmonize this con- 
clusion with the table entitled "White Hunters" 
(p. 107), and the evidence thus presented is so 
contradictory that it is hard to see how any con- 
clusions could lur-e been reached by the Com- 
missioners, 






RKSULTINO WASTE OF LIFE.. 



97 



to the 
ting a 
unters 
;ed by 
results 
} white 
jcnt of 
B their 
)le eii- 
3raged, 
;p. 108) 
[ndians 
3 niany 
itradic- 
Ileport, 
sses of 
state- 
>0 seals 
enients 
(Sees. 
times 
ler are 
e seals 
■is con- 
mters" 
d is so 
y con- 
I Com- 



The table entitled "White Hunters" is made Sonrcos of 

"White Uiiuters" 

up from the statements of sixteen witnesses ; t^'iji"- 
five of these (Nos. 1, 7, 20, 2G, and 27, p. 107) 
state specifically that the loss of seals they refer 
to are seals lost by ^bikhin; six others, examined 
at the same time as the former witnesses, do not 
state what they mean by " seals lost," but it is 
to be presumed their meaning is the same; the 
statements of three others whose evidence " was 
personally obtained" can not bo examined on 
this point, as such statements have not been 
published; Abel Douglass's ratio of loss is given 
in the table without reference to whei-(3 it was 
obtained, so that what lu; means by " seals lost" 
is impossible to determine ; the one remaining 
hunter used in the compilation of the table 
(William Fewing) is the only one who definitely, 
or impliedly, states that "seals lost" refers to 
those escaping- as well as to those that sink, and 
tliis is particularly noted in the table under 
"Remarks." 

It can be fairly assumed, therefore, that this Tnbiooniyprives 

Ht^alii lost by siuk- 

table only represents the seals lost by sinking-. >"«• 
The whole (piestion, so im])ortant to this contro- 
versy, as to how man}' seals are lost by wound- 
ing is summed up in the vague admission, that 
"a certain proportion of the seals shot of course 

escape " (Sec. 628), and is dismissed by calculat- 
12304 7 



; 



fl 



SI . i 

111 



98 



PELAGIC SEALING. 



Seals lost by 
wuuudiug. 



Tahio only gives injT the iiuinber of encysted bullets found in 

Beals loBt by siuk- 

^g* male seals killed on the Islands in 1890, showing 

an average of one bullet to 280 seals killed 
(Sec. 628). The notion that the carcass of every 
seal killed on the Islands is searched for encysted 
bullets is sufficiently absurd, but it seems to be 
assumed in the reasoning of the Commissioners. 
The necessarily large percentage of seals which 
lose their livca by wounding is shown by Mr. 
Townsend in his account of his experience as a 
pelagic hunter.^ Restates that "many times the 
animal is wounded sufficiently to get out of reach 
of the hunter before it dies;"^ and, again, "it is 
from the instantly killed the seals are secured; 
the wounded animal uses its death struggle to 
get out of reach." ^ It is evident how much this 
class of "seals lost" must outnumber those which, 
killed outright, sink before they can be secured;^ 
and yet the Commissioners have, presumably 
through oversight, ignored this important factor 
of waste of life and have dealt solely with the 
seals which pelagic hunters lose by the sinking 
of the carcass. 



» Pott p. 395. 

* See also reports of Capt. C. L. Hooper, post pp. 208-219. 



r 



1- 
i 



' 



RESULTIxVG WASTE OF LIFE. 



99 



The United States, having reviewed these three Tho bn«.s f..r 
propositions set forth iu the Report, namely, (1) Iklcff"*^^ "'^"^' 
that the percentage of female seals in the pe- 
lagic catch is not large, (2) that pelagic sealing 
in J3enng Sea is not as destructive to seal life as 
in the North Pacific, and (3) that the waste of life 
resulting from pelagic sealing is insignificant, 
deny that any one of these grounds for the Com- 
missioners' apology have been, or can be, estab- 
lished. 



1 



v^ 



■■? 



SECOND. 

MATTERS UPON WHICH THE REPORT RELIES TO 
ESTABLISH CONCLUSIONS ADVANCED THEREIN 
AND TO FORMULATE THE REGULATIONS RECOM- 
MENDED, WHICH MATTERS HAVE NOT BEEN 
DEALT WITH IN THE CASE OF THE UNITED 
STATES. 

HABITS OF THE FUR-SEALS. 

1. That the Alaskan seal herd has a defined ivinter 

habitat. 

The Commissioners have advanced a most ex- 
traordinary theory as to the Hfe history of the 
Alaskan seal herd. It is presented in the follow- 
Tho "wintorino; words: "The fur-seal of the NorthPacific may 

habitat" theory. ° ^ ^ . , '' 

thus be said, in each case [referring- also to the 
Commander herd], to have two habitats or homes 
between which it migrates, both equally necessary 
to its existence under present circumstances, the 
one frequented in summer, the other during the 
winter" (Sec. 28). Again, the Report states that 
the portion of sea lying off the West Coast, be- 
tween the 5Gth and 46th parallels of north lati- 
tude, which limits include the whole length of 
the British Columbian coast, "is the ivinter habi- 
tat of the fur-seal of the eastern side of the North 
Pacific" (Sec. 192, p. 31), and that Bering Sea 
may be named "their summer habitat" (Sec. 192, 
p. 31). 

100 



T 



lES TO 

[EREIN 

LECOM- 

BEEN 

FNITED 



! IV inter 

lost ex- 
of tlio 
foUow- 
fic may 
) to the 
I' homes 
cessary 
ices, the 
•ing the 
;cs that 
ast, be- 
th lati- 
ngth of 
er liabi- 
North 
mo* Sea 
30. 192, 



WINTKR FIABITAT TriEORY. 



101 



Tills tlieoretical i)ro))oslti»)ii of an animal ])0s- Object of pro- 
sessing two hoiues is contrary to what has been theory. 
observed in respect to the habits of animals iu 
general, and is advanced for the sole i)urj)0se of 
establishing a i)roperty interest in the Alaskan 
seal herd, resulting from the Jilleged proseuco 
of seals for several months in the waters con- 
tiguous to Vancouver Island. This object is 
shown from the following statement in the Report: 
"This independent native hunting [by tho 
Indians of Britisli Columbia] is undoubtedly a 
primitive vested interest of the coast tribes, 
and its character in this respect is strengthened 
by the fact, now made lear, that the winter home 
of the fur-seal lies along, and is adjacent to, tho 
part of the coast which these seal-hunting tribes 
inhabit" (Sec. 113). 

An examination of the evidence (if statements Thobniisdonot 

^ resort totbo "wiu- 

made by the Commissioners without giving the '<^'*"^''"'-" 
names of their informants can be so called) on 
which this remarkable proposition is advanced 
shows an important fact, which seems to have 
been entirely overlooked by the Commissioners. 
It is, that "the full-grown males, known as 
'beachmasters ' or 'seacatclue,' have seldom or 
never been reported to the south of the 50tli 
parallel " (Sec. 193). It is evident that the Com- 
missioners never heard of a bull seal below that 



r 



102 



IIAHITS OF TIIK ITR-SEALS. 






rc! 

ler habilat." 



TiiPimiisdonotparjiilcl, nor do tlun' aiiNwlicrc state tliut they 

asoii iiitlio"it'tii- ■ ' 

evor lieanl of a lull-iirowii male l)(3low tlio oCth 
parallol, the assumed iiortliern limit of the winter 
lialntat (Sec. IK'i, p. 31) wliieli they have created, 
and ('apt. lIooj)er particularly states that bulls 
are seldom seen below Baranoff Island, the lower 
extremity of which is above the said parallel.* 
This southern "home" is, therefore, according to 
the Report, re-sorted to by but a portion of the 
seal herd; and that essential part of all animal life, 
the virile male, has, as is practically adnn'tted, 
no home but the Pribilof Islands. The n< and 
peculiar habitat alleged by the Commissioners 
is, therefore, only the winter resort of adult fe- 
males and the young of both sexes, the remainder 
of the herd being confined to one home, the 
Pribilof Islands. 
Tho dat.i insnf- If, {a howcver, denied by the United States 

(•lent to estab- ^ 

that the seals, during any portion of their migra- 
tion, can be said to remain within any limits, 
such as are assumed in the Report, or that suf- 
ficien data have been produced, of any sort wliat- 
soev( to warrant the construction of Chart II 
(facih p. 150), especially the area to the right 
of su( . chart marked in a blue color, which is 
stater to represent the "winter habitat" of the 
fur-seal. 

'Appeudix to Case of the Uuited States, Vol. I, p. 604. 



fi 
lish. 



t thoy 
e r)6th 
winter 
i-eatod, 
t bulla 
! lower 
irjiUel.^ 
iing to 
of the 
nal life, 
niitted, 
r • and 
isioners 
,dult fe- 
nainder 
ne, the 

States 

niiji^ra- 

limits, 

lat suf- 

rt what- 

Ihart II 

le right 

diich is 

of the 

504. 



WINTER HABITAT TIIKORY. 



103 



Cant. Kelloy, one of tlie witnesses whose tusti- To8Hinouyinoj»- 

'■ '' positiou. 

nioiiy is submitted witli tlie Report (p. 219), states 
that he has sealed south of Cape Flattery "and 
has followed the seals all along- the coasts of Brit- 
ish Columbia to Bering- Sea" (p. 219, Question 3). 
Capt. Petit also makes the same statement (p. 
220, Question 5). It is evident from these state- 
ments that sealing below the area termed "winter 
habitat" in the Rei)ort was a matter of common 
occurr ace, and not unusual, as would be infen-ed 
from tiie chart h' »etofore referred to. This is 
also supported by the statement of every witness 
whose flpposition is submitted with the Report 
and who was questioned on this point (pp. 231, 
237). 

A quantity of testimony may also be found in 
the Case of the United States proving that sealing 
begins off the Californian coast.^ The Commis- 
sioners state that "it would appear no largo 
catches have been recorded south of the Columbia 
River, and much of what has been classed in the 
returns as 'south coast catch' has been obtained 
off the enti'fiiice of the Straits of Fuca" (Sec. 
190). This statement is entirely unsupported by 
evidence of any sort, and seems to have been ad- 
vanced for the sole purpose of establishing the 
"winter habitat" theory. It may also be noted in 

' Appendix to Case of the United States, Vol. II, pp. 330, 331, 
344, 346, etc. 



\ 1 



104 



IIAIUTS OK TIllC FUR-SKALS, 



g.-alH followed this coiiMCctioii tluit botli C}i})f. Kcll(^y iuul Capt. 

ohiiKj Vancouver 

iMiiiiiii. INitit, above iiioiitioiicd, state that tliey have 

folhnved the seals "ah)iig" tlio coast of British 
Columbia, which is evidence of" the fact that the 
seal herd was moving- northward when hunted off 
Vancouver Island. 
Sonia srattcr.Mi 'Y\\(i djxtributiou of tlio Alaskan seal herd is 

(liiriiiK winter 

"'""ti"*- much more scattered during tlie winter months 

than is implied by tlu^ Ixeport, and the range of 
portions of the herd is much farther south and 
west than appears on the Commissioners' chart 
of migration. Capt. Il()0])er, U. ]\[., who ex- 
tended his observations of 1(S1)2 in Bering Sea 
into September and continued his investigation 
of seal life and the migration of the herd luitil 
some ti!ne in November, states: "Those that 
leave [the Pribilof Islands] earliest go farthest 
south, arriving on the coast of California, and 
those leaving later reach the coast further up. 
^ * * They a})pear at about the same time 
off a long lino of coast, I'eaching from CalitVu'uia 
to Wasliington. When they are so found they 
are known always to be moving northward up 
the coast.'" This is also more fully treated in 
Ins report of Novendjer 21, 1892.^ 

Ca})t. Walter II. Ferguson, who has followed 

' C. L. Hooper, jk)»/ p. 370. 

"Report of dipt, llooiier, November 21, 1892, post p. 228. 



WINTER HABITAT THEORY. 



105 



the sea .is a profession for twenty years, and Seals fo,.„.i i„ 
wlioniade a careful investigation for six years i-l 17% w/"' 
of tlie winter resoris of the Alaskan seals for the 
purpose of hunting tlie.n during that season, says: 
"All reports tend to show there must be an im- 
mense feeding ground between latitude 40° and 
42° north and extending from longitude 172° 
west to 135° west. * * * The reports of 
these vessels all show for the months of Novem- 
ber, December and January, large bodies of fur- 
seal in this locality."^ In a volume entitled 
''].ist of Reported Dangers in the North Pacific 
Ocean," compiled by the United States Hydro- 
graphic Office and published in 1871, mention 
is made of an area about 40° north latitude and 
150° to 151° west longitude where the sea 
swarmed with seals.^ It is evident, therefore, 
that the limited rang«^ ot the fur-seal during its 
migration, as depicted by the Conunissioners, is 
erroneous. 

From the further data collected and mcniioned Now migration 
above a new migration chart has been con-^}} 'c'unSei 
structed, correcting and modifying the one sub- 
mitted with the Case of the United States. The 
attention of the Tribunal of Arbitration is here- 
with directed to this chart, which the United 

' Walter II. Ferguson, j>oa< p. 363. 
•Po«« p. 288. 



■'I 



'1!r 



r 



i 



t 



lOG 



IIAHITS OF THE FUR-SEALS. 



Now TTiijrration States iiisist is more {iccurnte and based on fuller 

cliurt prc^Hcnted 

with couuterdata tliHii tlic diart contained in the Keport.^ 

3. Thai till' AlasJi-anseal herd has chanf/ed Us habits 
as a rcsidt of disturbance on the breeding islands 
and of pchujic sealing. 

inrroasod po- Qi) 'V\\Q fii'st assci'tion advanced by the Report 

liijiic uiiiiirc al- ^ • i i • i i i p t 

icgcd. under tins head is that the seals, tor the reasons 

above stated, have become more pelagic in their 
nature (Sees. 44, 85, 86). 

Vhis assumption is resorted to, as it appears, 
to show that land is not a necessity to the fur- 
seal and in order to harmonize the sworn state- 
ments of the pelagic sealers appended to the 
Report, that at sea the seals have not decreased, 
with the acknowledged decrease on the Islands. 
To su)>p(n't this proposition the evidence of these 
interested sealers is advanced to show that there 
has been no decrease at sea similar to the de- 
crease on the Islands, but rather a possible 
increase (Sees. 87, 89, 94, 4')2). At the same 
time it is asserted (Sec. 281) that no "stagey" 
"Stuiioy" seals seals are taken at sea, that the "stagey" period 

taken ut sea. ' "^ 

on the rookeries lasts about six weeks, and that 
this period of hair shedding is caused by pro- 
longed resort to land. All seals must at some 

'C'liart ol' iiii^Miitidn, I'oilColio of maps and cliarta, appended 
to tliu Couutur Ciisc of tku United tii^ates. 



;lrtnds. 
tliesG 
there 

lie de- 
lossible 
same 



ALLEGED CHANGES. 



107 



period eacili ^-oar slied their liair, and it is a fact "Stii<j<y"' Hiai* 

takon at aea, 

that many taken in tlic water are "stagey,"' the 
cause alleged by the Report being undoubtedly 
the true one. A seal must, therefore, of necessity 
be on the Islands each year at some i)eriod, and 
it is insisted by the United States that observa- 
tions on the rookeries and haulinof m-ounds aro 
the only criterion of the numerical condition of 
the seal herd. 

The Commissioners also present a table giving Tahicofavcmso 

cafuli per boat and 

the average catch per man and per boat to show per umu. 

that the number taken respectively from year to 

year has not materially changed, notwithstanding 

the continual decrease (Sec. 400, p. 74;. This 

compilation begins with 1887 and includes 1891. 

The years 1885 and 188G are not used, for a 

reason which becomes obvious when the statistics ^^^^^^J^^- i^j^jj^gyy 

in the Report are examined, namely, the average""*^ ^^*^'^' 

per man in 1885 vvas 127 seals, or 68 more than 

in any year given in the table, and in 188G, 77 

seals, or 18 more than the highest number in any 

following year. In the year 188G the average 

per boat was 241, or nearly one-third more than Snrii avoragoa 

of no value. 

in any year thereafter.^ It must also be recol- 

' Charlos Ri'lilow, post p. ^I'u; C. W. Prciss, post p.3SI ; Wiiltor 
E. Miit'm, post p. 37G; soo, also, titlc-i)ago of London <iataloguo of 
salcH, post p. 412. 

•Tlieso averages are taken from the tables of catclioB trans* 
mitted with the Ueitoit, pp. 209, 210. 



r 



M' 



108 



IIA15ITS OF THE FUR-SEALS. 



i 



Siuh ivvcragoslectod ill cousidoi'Ini^ this question that the seal- 

ol'uo viiluo. 

iiig captains have each year become more and 
more tainiliar with the mig-ration route of the 
seals in the North Pacific and their feeding 
grounds in Bering Sea, which naturally tends to 
increase annually the catches in tliese localities ; 
and it is, therefore, only by the comparison of 
the catches taken in the older hunting areas, with 
which pelagic sealers have been familiar for 
twelv^e or fifteen years, that any evidence of value 
can be obtained. 
Averaffo por For this purposB a table has been prepared 

Ixtat ill "sp r iiiK *^ ^ '^ ^ 

catch," i8«G-i8yi. from the Commissioners' tables, giving the aver- 
age i)er boat for the " spring catch," which is 
obtained in and about the alleged "winter 
habitat" of the fur-seal. As there is only one 
hunter to a boat, the average per man is of no 
value. Tliis table shows an average of 118 
seals per boat in 1886, and a constant decrease 
each following year until in 1891 it was but 15 1.^ 
The United States deny, therefore, in view of 
evidence already presented in their Case'^ and the 
facts above stated, that the seals have not de- 
creased at sea in a like ratio to that observed on 
the Islands. 

• Taljle of avcraffo catch per vessel and jior hoat, post p. 411. 

• Caae of tho Uuited States, p. 169. 



AI.LEGED CHANGES. 



109 



liicli is 
winter 
lly one 
of no 
f 118 
crease 
t Vol' 
ew of 
nd the 
:, de- 
ed on 

411. 



The Commissioners also assert that the seals in do pond cut 

poliifjio herd 3 

found in Bering Sea are not seals which have^i^^'a;"^' 
temporarily left the rookeries to feed, but are 
practically independent pelag-ic herds (Sec. 219). 
The only evidence referred to for this is some 
alleged observations of the direction of the wind 
and the locality where seals are found, together 
with the assertion that the locality must bo 
affected by the weather; but these observations 
are not given, and, even if true, are quite too 
slender to furnish a foundation for any conclu- 
sion.^ 

This suggestion of increased pelagic nature is increased pe- 

lao'ic naturu iiii US- 
based on mere assumption, for which no proof, 8uuii>tiou. 

reliable or otherwise, is advanced by the Com- 
missioners, and the United States insist that it is 
unworthy of serious consideration in this contro- 
versy. 

(b) That the location of the breeding rook- 
eries is dependent solely upon the fact that the 
seals while there are not disturbed by man. 

This assertion (Sees. 523, 521), implying also ChanRe of rook- 

orios baaud on 

the possibility of a change of rookeries when the hoiirsay. 
seals are harassed, is partly founded on Indian 
legends and statements by J. W. Mackay and 
J. Gr. Swan, based on hearsay (Sees. 447, 448, 449), 
that rookeries formerly existed on the North- 

' C. L. Hoopur, pott p. 370. 



HHSHI 






no 



HABITS OF THE FUP -SEALS. 



chaugo of rook- ^ygg^ Coast, {111(1 tliGv are siiininarized in the sec- 

eri<i8 based on ' •' 

hearsay. tloiis referred to; but such statements the Com- 

missioners liave failed to authenticate. By way 
of further proof of tlie same assertion the Report 
presents tlieaneg'atioii that new breeding- rookeries 
had been at times noted on the Kamchatka coast 
(Sees. 518, 519), which, liowever, were not visited 
Now Asiatic by the British olUcials. Mr. Malowanski, who is 

rookeries. "^ 

the ag'ent of the Russian Sealslcin Company, was 
induced by the "various good authorities on the 
Commander Islands," on whom the Uommis- 
sioaersrely for this statement (Sec. 518), to visit 
a reputed fur-seal rookery on the Kamchatka 
coast, and found tlie reported fur-seals were sea- 
lions.^ If all the incipient breeding rookeries 
alleged to exist on the Asiatic coas"" were exam- 
ined, doubtless they would be found to be similar 
to tlie one above noted. Mr. Grebnitzki, already 
referred to, states that he deems it to be wholly 
improbable that the Commander herd visits any 
land other than the Commander Islands.^ 

The United States deny that the Alaskan seals 
have any other home than the Pribilof Islands, 
or that, even if constantly disturbed by man while 
on the rookeries, they would seek a new habi- 
tation. In this connection, the attention of the 



One liome of 
Alaskan seal herd. 



' John Malowa'jski, post p. 376. 
N. A. Grebnitzki, pott p. 363. 



ALLEGED CHANGES. 



Ill 



I sec- 
Dom- 
way 
eport 
ceries 
coast 
dsited 
vlio is 
i^ was 
)ii the 
iinmis- 
;b visit 
cliatka 
re sea- 
pkeries 
exam- 
similar 
Ircady 
holly 
[ts any 



In seals 
slands, 
while 
habi- 
lof the 



Arbitrators is railed to the fact tliat the Pri])ilof . F"/"7"f Y'^'u^^ 

inliiilntoil lor 100 



ears. 



Islands have been inhabited by nuui for a cen--^' 

tury, and the seals liave not deserted their homo 

though slaug-htered indiscriminately in the early 

years of the Russian occupation; and to the fur- siuushtor on 

Koltluiii Island, 

ther fact that in 1851 -'53 the rookeries of Robben is5i-'53. 
Island were cleared of fur-seals (Sec. 510), but 
the few that escaped returned to the rookeries 
in the years following (Sees. 510, 511). 

The Commissioners have endeavored to estab- Terror in stato- 

inrnt reliod ou by 

lish their position as to the change of habits of the i^'-Toit* 
seal herd, through the undue disturbance of the 
rookeries, by citing the fact that Capt. Bryant 
referred to the abundance of fur-seals along the 
coasts of Oregon, Washington, and British Co- 
lumbia in 18G9 (Sec. 422); and they seek to 
create the impression thereby that this wasdirectly 
the result of the great numbers killed in 18G8 on 
the Pribilof Islands. The Commissioners, through 
no error of their OAvn, have been led into riiaking 
this incorrect statement. The "Monograph of 
North American Pinnipeds," quoted by them, so 
states; but Dr. J. A. Allen, the author of the work, 
says that the year was 1870, instead of 1869, as 
erroneously printed.^ The statement as to the 
abundance of seals off the Oregon coast was 
first published by Dr. Allen in the "Bulletin of 

' Letter of Dr. Allen, i^oit p. 413. 



t ! 






112 



MANAGKMKNT. 



Error in s«ato- tl,f» ]\[usClim of CoillpamlivO Z()()l<)«ry " i)affO 88, 
incut U'IiimI oil by ■ n^ 7 i o 

•^•T"**^' vvhuiein ho quotes from a letter reeuivcd by liiin 

from Capt. liryant, " under date of Juno 14, 
1870," as follows : "The present year unusually 
largo numbers have been seen olf the eoasts 
of Ore<>-on, Wasliington Torrid >ry, and British 
Columbia. * * * ''hey were mostly of 
very young seals, none appearing to bo over a 
year old." An exannnatiou of the "liullotin" 
on this point by the Comnnssionera Avould iiavo 
revealed the error in the later publication, used 
by them in their Report, and the further fact 
that these pup-seals could not have been of 
sutlicient ago, while on the Islands, to have 
been aflfectod by any slaughter whatsoever. 

ALLEGED FUAUDULHNT AUMINISTltATlON ON THE PRIIJ- 

ILOF ISLANDS. 

indinntciiiUKoa As already noted (ante p. 68), the British 
Connnissioners have, without raakuig actual 
charges of fraud, insinuated and apparently en- 
deavored to give the impression that fraud was 
perpetrated on the Pribilof Islands by the former 
lessees, the Alaska Couunercial Com])any, in 
taking sealskins therefrom over and above the 
number allowed annually by the lease. This 

The parti 08 covert cliargo of maladministration is a reflec- 

chiirgoU. *^ 

tiou upon the integrity of the United States 



T 



I 



)i\(i;c 88, 
by iiim 
in Hi M, 
iiisually 
3 coasts 
Hritisli 
ostly of 
3 ovor ti 
iullotiu" 

1(1 liJlVO 

m, used 
ler fact 
been of 
to have 
'cr. 

Ill: viiui- 

Britisli 
actual 
iitly cu- 
ud was 
) former 
any, in 
lOve tlio 
I. Tins 
I roflec- 
. States 



rifAiiDs cifAiajKi) IS i.'Ki'oirr 



113 



o;n;-iHlsatSaul^VHUcIscoa,nl,lH,.^ ,,.., „^^,.,^„^ 

dilluv^nt tiuios for twe,.ty years had the chai-o,/'""''""- 
and .ruinao-o.nontof th(; Alaskan roolceries. And, 
iiiHsrnuch as no such increased numbers of skins 
appear in the reports of .sales by .V,,,ssrs. (J. M 
l.an,pson & Company, (,f I.on.lon, it involves a 
roHecM,m, aJso, upon the inteurity of that well- 
known house. 

The (lovernment of th., United States is loath r.n-.t nn-fc,u,. 
to believe that Her Maj(,.ty's (lovennnentinten-ehu.;;;!: ''^^''^ 
tionally and knowin-ly a(h,pted these charoes 
a-ainst the oflicials of th<, United States and cit- 
izens of both nations, whi,th are entirely unsub- 
stantiated by evide.ico, when it incorporat(,d tho 
Report of its Commissioners in its Case; before 
the Tribunal of Arbitrati(,n, confi.hmtly believ- 
ing that all such matter, if it had bcxm in-evionsly 
observed by the A-ent of Great Britain, would 
have been expun-ed from tin, licport bel'ore its 
submission as a portion of the Bi-itish Case. 

Inasnmcli, however, as such charo-es have be- i^'''^^"" Unifo.i 
c<m,e a part of the Case of Her Majesty's Gov- «-'^-«""'"" 
ernment before the Tribunal of Arbitration, the 
United States consider it a duty to deal there- 
with, not because the same are sufliciently rleft- 
nite or important to establish any facts material 
to this controversy, but for the sole purpose of 
vindicating- the officials of the United States • 
X1»3G4 8 ' 



r 



I 



I'' 



114 



MANAOKMKNT. 



ij.>i«m>n Unit.'d iu'vortliolosi!i, iilwjus iiisistiim' tliat all such 

Stat»>s ooiisidfi* 

tiiochargo. cli!ir<^os ot frauduUuit practii'i's arc irrcloNant to 

tho })ro8ont issue, and arc iutri)duced by tlio 
Comniissloiiors tor tho purposes of distraetin<>the 
attention of the Arbitrators from the true issue 
and of throwing a j^eneral discredit ujv>n the ad- 
ministration of the seal rookeries by tlie United 
States. 



edi 



Fmnd, m niio);- '[\q cliarffcs referred to are presented in the 

I 111 tho Koitort. '^ ^ 



Keport in the followinj^ words: "Statements have 
been made to the etVect that during the lease of 
the Alaska Oonuuercial Company frauds were 
pori)etrated in regard to the number of skins 
taken on the Islands and counted for taxation. 
No direct evidence of this seems to have been 
produi'ed, but as the official counting of the skins 
both on the Islands and in San Francisco was 
done in bundles, each of which was suppos<Ai to 
consist of two skins, it is obvious that, but for 
observed difterence of size and weight, three or 
even four skins might have been bundled and 
corded together and counted as two." (Sec. G70.) 
And, again, the Report states that there were 
** several instances of the same individual, now in 
the capacity of an employe of the Company and 
again as a supervising officer of the Government" 
(Sec. 52), and the latter assertion is connected 



FUAimS f'llAUOKI) IN liKI'OUr. 



115 



SlU'll 

;ant to 
jy the 

issue 
the iul- 
UuiU'd 

in tho 
its luivo 
lease of 
Is were 
[)f skins 
axation. 
ve been 
10 skins 
tsco was 
)os< Ai to 
but lor 
;hree or 
led and 
c. G70.) 
re were 

1 now in 
linv and 
tnment" 

mected 



Witll tllO SljltcIllCllI tllill lIlC I'CportS Illiule to tilt! I'lMllil IIH all.'.; 

<mI ill iJin |t<'|i(ii'l. 

'^I\'(;asury Doparliiiciit l)y (lie uniciiils in cliiir^^o 
of the Isliiiids aro "oltcii ('oiiiriulictory" and 
" iMaiiiri^stly ina('cura,te;" oiui ot" tlut niasoiis Cor 
"tluiso dis«'n^paur,i((s"b(MM;^" tiio alle^'od factahovo 
(|U(.fe(l. The CoMiinissioucrs rrivo no antli..ril y ,,;;i;.;;;;.^|''"'''^ ''''" 
lor tlie hist-in(Mili«)n(Ml sfatcnuint, nor do tliey 
recite tlu* sourctis of iidorniation for thcii- insinu- 
ations as to iVaud of any kind. It woidd not bo 
too stron;;- ail e.\|)ression in reflation to them to say 
that tiiey ans an inexeusablo libel. 

Tho Connnissioncn-s have, with tho usual •'• ^V- Kilioit'H 

Hl.utcllllMltS (liH- 

"can;" enn)loy(!d in th(;ir examination of "all '"''■"'^' 
(h)eumontary (ividonco" (Sec S), oullo<l out of 
tho Census li(^[)ort of Mr. Henry W. Elliott a 
statem(Mit which <^iv(!S tluf iniprtission that tho 
skins tak(;n by the lessees w.(!ro only eount(Ml in 
bundles on the Islands, and rhiit thoy wore 
recounted in the sanu} bundles by the customs 
authorities in San Francisco. Mr. i^jlliott, how- 
ever, intended no such conclusion to bo 
drawn, as is ovidonc(.'d by tho following quo- 
tation ironi tlie same report, pa;j,(* 100: ' he,„,i.,.i,,y,jjfi^i.^,,j.^ 
skins are counted four time;i on the islan<l, 
as follows : by the company's agent and tho 
native chiefs, when thoy are put into the salt- 
houses, the latter giving their accounts, after 
each day's kilhng, to the govtirnment agent; 
again when they are bundled by the natives, who 



I 



r; 



uc 



lANAQKMKNT. 



Comitiiiu' skins do tlio woi'k, iiirJ cjicJi is ])iiu[ for lils labor by the 

oil riiiuioi' isi- ' '' 

;"'<i'<- buiidUi; by the •••ovcnmiont ii^eut wlieii thoy aro 

taken t'roui tlit; salt-litmsc^s tor slii[)iiiout, and tlio 
fourtli time by tli(^ lirst ollicer ot" the company's 
steam(4', as they are delivered on l)oard." 

The bundh's wens tlicn transported by the 
steamer to th(i [)(>rt ot" San Francisco and never 
openiMl on board tlie vessel, excepting to re- 
bundle those which had become loose, and then 
only two skins were placed in a bundle.' On 
K'tMoniit Hi Sim rcMi'hinL'' San Francisco the bundles were counted 

I'raiifisro. 

by a United States custom-house official and 

also by ;vn om[)loyc of the Alaska Commercial 

A low bmi. Ills Company." A few bundles were then opened 

(ipt'llCll. , . 

by an aucnt ot tlio company, to examnie into 
their condition, tlio number tlius opened being- 
Packing iiiitilrom twelve to twenty in the wliole cargo.* All 
the 1 ribilot sealskins, bundled as when they 
wei'e received, were immediately })acked in 
casks (such packing tince 1878 being done at 
the wharf where the -kins were uidoadod),* 
taken to the railway sr.ition, andshij)ped to C. M. 
Lam])S()n & Company, of Tjondon.^ 

'M.C. KrsUim\;w,s/ ]k'M\0. 
«l,iMiis Sloss, jr.,/)(».s/ p. ;>84. 

'Gustiivo Niobaiuii, i>o«l ]). "SJ; Louis Sloss, Jr., post p. 384. 
^Oustave Niebamii, jjo<s< p, 382; Martiu Myor, ^itst p. 380 j J. B. 
Crown. piiKl \>. 35S. 
'Uublavc Niobauiii, pout p. 382. 



FRAUDS ('HAIi<iKl) IN ItKPOltT. 



117 



►y the 

3y aro 



cl tlio 



paiiy 



s 



)y tlio 
iicvor 
to re- 
id thou 
).» Oil 
lounted 
ial and 
inercial 
opened 
ne into 
being 
.» All 
11 they 
Iked in 
done at 
•aded),* 
CM. 



384. 
|380;J.B. 



If tlioso buiidhis liiid ('.ouliiiiird more tliiiii tw<> Oniy tw.. hKIus 

ill :y liiimllo. 

skins, sncli fact would liavo heen knovvti to tlu; 
Loud Ml firm; hut it is s])('(',i(i(;!dly stated by liicni 
that they lu^vc^' found mor(3 than two sealskins 
in any of th(^ hmidles eonsi^iuHl to them by 
tJK^ Alaska Commorc.iai Oompan.y dnrin;;- tho 
nineteen years of tlic; hiase.* This (ivifhrncn is 
further supported by the testimony (A' the viee- 
})resident of the Alaska Connncireial Company, 
who made the a'Miiial examination of a tew 
skins from eaeli cargo when tlie quota arrived at 
San Fran(;isco ;^ by the sworn statements of tlio 
packer of the sealskins;'' by the foreman of tho 

stevedores who unloaded the company's steamer;* 

and by Capt. Erskine, who has commanded 
the com])any's steamer for over twenty years.** 
Those who are familiar with the handling of raw 'i iiroo sicinM in. a 

liiinclln wiiiild 1)0 

sealskins state that tliree skins could not be <ietcctoa. 
rolled in a bundle without exposure of such fa(5t, 
and that it would be im})ossible to roll four skins 
together under any circumstances.^ Tliis fact 
was further verified by Maj. W. H. Williams, 
who made a special investigation on this point 
in 1892.' 

' Letter from C. M. Liimpson & Co., jjoat p. 115; Alfred Fiusuf, 
})Ost Y>. 415. 

'^ (luHtave Niebtanni, post p. 382. 

"Martin Myer, posf p. 380. 

^.Tainea B. Brown, post p. 358. 

^M. C. Erkino, post p. 3^0. 

"Martin Myor, post p. 3S(); (liistiivc XieLanm, post p. "S2, 

' W. H. Williams, post p. 399. 



118 



MANAGEMENT. 






iinpiioiifraiuiin Tlio Comniissioiiors furtlicr rely upon l^\v. Elli- 

woiglUol'biiiidlcw. 

ott's stjitemont, thiit skins wcigli from 5^ pounds 
to 12 pounds (Sec. 071), and upon tlie com})ari- 
son of sucli statomont Vvitli tliat of Lieut. May- 
nard, "an independent observer," wlio gives tlie 
avcH'ag'e weight of Vmndles as 22 pounds and tlie 
weight of tlie largest as 64 pounds (Sec. 672) 
This "apiK'ars" to the Connnissioners to require 
"some explanation" (Sec. 673). The implication 
is evident, and the United States offer tlie expla- 
nation in vindication of the ofHcers of the Gov- 
Expiaiiniion of eminent who are thus charged. A bundle cou- 

wfiyiit, , . , 1 1 • 

tains not (nily the two sealskins proper, but salt 
and blubber, with which they are packed for their 
preservation: this naturally adds greatly to the 
weight, as does also the moisture collected by 
the salt and fur. A bundle will, therefore, some- 
times weigh as much as 60 or 70 pounds, if the 
two ]ielts .are large, and even when consisting of 
only two skins of "yearling pups," weighing 
when dr\' probably 5 pcMinds, the bundle weighs 
sometimes 20 pounds.^ It is also a fjict that in 
the early years of the lease some exceptionally 
large skins Avere taken on t^ islands.^ 
Various ronnts \ cimpnriitlve statement of the counts of the 

(i( skiuscomparoil. ' 

sealskins for the (Mitire term of the lease, made, 
respectively, by the Govcm nment official on the Js- 

' W. IT. WilliMHis, pnut p. ;?!)!i; Eouis Sloi-is, jr., post j*. 381. 
«11. II. Mclut^Tc, jjos/ p. 373. 






r. ElU- 
pouiuls 
mipari- 
;. May- 
ves tlie 
ind the 
3. 672) 
require 
lication 
expla- 
le Gov- 
l\e con- 
but salt 
fortlieir 
to the 
ted by 
S some- 
S if the 
Uiug of 
feighin^ 
weighs 
that in 
tionally 

of the 
, made, 
I the Is- 



FRAUDS CHARGED IN REPORT. 



119 



1>. 384. 



lands, the custom-house inspector at San Fran- VarionH counts 

of skiuH coiiiparfld. 

Cisco, the Alaska Commercial Com[)any'8 packers 
before shipment to London, and by C. M. Lamp- 
son & Company, shows that but iJOO more skins 
were sold during- twenty years in London than 
appear in tlie original count made when the 
bundles were loaded on the steamer at thePribilof 
Islands.^ ^J'his is an average of 45 skins per year .urHTifcouutr*'" 
out of a quota of 100,000, which quota was fully 
taken in seven years only. To this extent, and 
to this extent alone, can fraud be charged. 

In 1875 Si)ecial Agent J. S. Moore made a re- Moore's report 

c, . of 1875. 

port to the Secretary of the Treasury, embodyiiig 
the result of certain investigations made by hiin 
as to tlie number of skins taken by the lessees of 
the Pribilof Islands, He found that 559 more 
skins had been sold in London than those ac- 
counted for in the tax receipts from the Treasury 
Dei)artment, and lie submitted a table, compiled 
by him, giving the ii'^.mher of skins on which 
tax was -laid, the number accounted for as shipped 
to C. M. Lampson & Company, and the number 
sold by them. He summarizes the result of his 
investigation as folio- vs : "I am perfectly satis- 
fied tliriL these figure.'- are correct, unless not only 
the company, but the customs officers on the 
Islands, the ofiicers of the ships that bring the 

' hliix Heill>r<>imer, post p. 3(i8. 



II 



iil 

Hi 

;1 ^; 






120 



MANAGEMENT. 



Monro's report slans, tliG custoius oilicuils iit Sail Fi-aiicisco, and 

of 1875. 

the great lioiise of Messrs. Lanipson & Com- 
pany in London are one and .all in collusion and 
conspiracy to defraud the Treasury of the United 
States. TJiere would, besides, be another diffi- 
culty to overcome, as it would be necessary to 
keep false books and frdse entries, Avhile in fact 
nothing is so easily detected as false bookkeep- 



ing 



5)1 



Empioyt^H of As to the allegations in the Report that Gov- 
iiifut ugouts. crnmcnt oih(;ials were lormeriy employes ot the 
lessees, the United States admit that in one in- 
stance a Government agent (John M. Morton), 
who had charo-e of the administration of the 
Pribilof Islands, was formerly in the employ of 
the Alaska Commercial Company,^ but deny 
that any similar case has occurred, and assert 
that the imputation of fraud from such a circum- 
stance is unwarranted. 

Further vindication of the officials and citizens 
of the United States, to whom the Commission- 
ers have seen fit to impute fraudulent practices 
and c()ns))iracy to defraud the Government of 
the United States, is considered to be unneces- 
sary. 

' PoHl ]>. i?83. 

« Gust.'vvo Niebauni, post p. 283. 



t|i^. 



and 



The United States , The only roRu- 

l.itiouusuilicicut. 



THIRD. 
REGULATIONS PROPOSED IN THE REPORT, 

Tlie C()ininissi(inors of Great Britain Imve in- 
troducetl in their Report a number of schemes 
for the future reg^ulation of taking fur-seals be- 
long-ir.fr to tlie Ahiskan herd 
insist, as claimed in their Case, that they have, 
upon the fiicts established by the evidence, sucli 
a property and interest in the seal herd frequent- 
ing the Islands of the United States in lierinjj 
Sea, and in tlie industry there maintained arising 
out of it, as entitles tliem to protection and to 
be protected by the award of this Tribunal 
against all pelagic sealing, which is the subject 
of c^nti'O^Mjrsy in this Case. And, quite irre- 
spe' tiv^^ .)f any right of property or of self- 
dt.'eii-^' u\ respect of their territorial interests, 
the)- "1 1^^ " have clearly shown that no regu- 
lations sliort of prohibition will be sufficient to 
prevent the early destruction of the Alaskan 
seal herd. 

In a consideration of these regulations sue;- .Tnrisdirtion of 

^ ^ ^ Tiilmnal of Aibi- 

g "^-^d, it is a])!»arent that the piincipal curtail- 1"^^'""- 
n-ii !^' -'f H(vil-kiliing, in each of the various plans 
proposed, is to be aj)plied to the Pribilof Islands. 

121 



If , 



k 



122 



REGUI<ATIONS PROPOSED. 



.Tnrisdictfon of All rocoiTimeiKliitioiis ap))lvinff to tlio territory of 

Triliiiiial of Arl)i- _" 

tratiou. the United States, even if tlie property of that 

Government in the seal herd is not considered, 
as seems to be the case fi'om the proposals ad- 
vanced by the Commissioners, are irrelevant in 
this Arbitration. The jnrisdiction of the Tri- 
bunal o( A^'bitration does not, accordin<^ to the 
understanu of the Government of the United 
States, extena to terri:ory or territorial waters, 
which are not in dispute and the rights over 
which have not been submitted to this Tri- 
bunal. 
Tin fni moss of The manifest unfairness, however, of the regu- 

rcjjiiliitious pro- 

V'oidd. lations suggested calls for the attention of the 

United States, as the pro})Osals submitted by the 
Commissioners demonstrate most cli^arly th(^ s})irit 
of partiality which is a feature of the whole Re- 
port. For this purpose the Uniteil States will 
give brief attention to these suggested regula- 
tions ; nevertheless, always insisting that all 
proposals affecting the unquestioned territorial 
rights of the United States are without the 
jurisdiction of this Tribunal and are irrelevant to 
the present contention. 

(a) Improvement!^ in the methods of talcing seals. 
(Sees. 147-150.) 

On Pribilof The first suggestions advanced by the Com 

IslaiulM. "" 

missioners are in relation to improvement in the 



5IETIIODS OF TAKING SEALS. 



123 



seals. 

ICom 
In the 



motlinds of takiiij];' seals on the hroodincT ishiiids ; On Pr i hi \ o f 
all of these proposed iin[)rovoinents are already 
in force on the Pribilof Islands, thoiif^li the 
United States admit that in some minor details 
a cliange may be beneficial. 

The seeond suggestions are as to improvemi^nta At sea. 
in tlie methods emi)loyed at sea. Th(3 first i)ro- 

^ -^ ' Uso of tbo riflo 

posal is to prohibit the use of the rifle. Tlie fol- obsoioto. 
lowing statements in the Report show the little 
importance of such a regulation : " The rifle was 
introduced, though soon superseded by the shot- 
C'uu, which his now become the usual huntinfj 
weiipon" (Sec. 584, p. 100); "if killed, as happens 
in the majority of cases, especially now that tlio 
shotgun has su})erseded the rifle," etc. (Sec. 604); 
"the use of the shotgun for the purpose of kill- 
ing seals at sea has now become so nearly univer- 
sal that it is doubtful," etc. (Sec. G57). It does 
not seem that the Commissioners can seriously 
advance a proposition to prohibit a weapon the 
use of which in pelagic sealing has beco>ne ob- 
solete. 

The second imiirovement is the adoption of a i'''''^,"^''« ^rpiy 

' ' to only halt' ot 

system of licenses for White hunters, there being '^""^*''^"' 
no suu'ji'estion made for such licenses for Indian 
hunters. In 181)1, according to the Conunis- 
sioners' table (p. 205), 715 whites and 308 In- 
dians were emi)loyed on the vessels constituting 



ii 



II 



124 



KKOin-ATlONS l'K<)P«)SKn. 



LiriMisos !i|M>iv llic \'ic(()riii scjilinu' fit'ct. Of Jill tlioso vosiuila 

only 1 <) liiil 1' «» f 

iiiiiitors. l)iit tlinM^ liiul wliiio Hoiiiuon (p. 205). U, can, 

llu'rclorc, \n' ;issiinuMl tliMl ;it l(^iist .'UJO of tlui lu- 
(lijins w(M'o liunt(3i'8 or ciuiocMucn; iuid, iiH hut two 
liKiinns };•() in a canoo/ ISO oftlio IWI1> boats and 
cnnocs L>iv(>n in tlu^ tivblo contjiincMl Indian liiint- 
ors, s(» tli;it this i^cMJciid *'in»|)rov«Mn(M»t" j)nn)os(!d 
woidd only ;ilV(M',t ono-luUl" ot" tlio lnnitin<^ forco 
of the Victoria, tloot. Hosich^s tiiis, thci aystein of 
licenses j)ro})os(Mi, the lJnite<l States intend, 
couhl not he niadi^ ell'eetive, even if it covered all 
classes of hunters. 
Tnrro!is.>,ni The third "inn)roveinent" su<>-<»'ested is to in- 

('1MI80 lor Nt<>Mm 

vo.sscisoiuovaiuo. ,.,-^>;,so the license fee for ''vessels [)ro])elled hy 
machinery." As but two out of fifty of the Vic- 
toria tleet ;i;)i)ear, by the table in the Report 
(p. 205), to have used machinery in 181)1, and as 
their catches were but 50 and 8S5 skins, resj)ec- 
tively, while the averai^o ))er vessel is shown by 
the table to have been nearly 1,000, it is impossi- 
ble to see how such a restriction would be par- 
ticularly iuMielicial. It has also been stated by 
those interested in pelag-ic sealing at Vi(;tona 
that the steam vessels used in seal-hunting have 
never paid ex})enses.'^ 

'Aiipoudix to (;;isi> of tlio United States, Vol. I, pp. 498, DOl; 
Vol. II, pp. 'Ml. 32t?, :H!!). etc. 
' iicport of Si)ecial Ageut Iloury, post p. 246. 



&i 



a all 



SI'KOIFrC SCUKMI.; SIWOKHTKI). 125 

(b) llcstrktiou in the number of .seals to be taken. 
{Sees. 151-154.) 

The Roport l.^^s("nfH su^ro-oKfloiis wliorcby if, is UnfMimoss ..r 
I>roi,(».so(l to limit the nmnlu.- of .s(3ul.s tukn... ItS'.''"'" ^""■ 
is obsorvablo that the Iiinitafi„„,s,Mo|M,.so(l for tl.o 
^ laiKls ai-o for a fixcscl riunibor aii.l cJm.s.s of soals; 
whilo the n^stnctions for pola-ic, .(..lino- arc pro' 
hibitions as to time and placo, no provisio.. b,m,cr 
made as to iunn})er (»r kind of seals taken. The 
unfairness ofsueli i)n>posals is manifest. 

(c) Speeific .scheme of regulations recommended. 
The C<.nnrn-ssioners, after this generalisation R....Tn,io„«rcc. 
as to the methods of reslricticm nec-ssary, pi-(,,sent"""""'''^" 
specific limitations "at .shore and at sea/' which 
they believe would afford the re(,uisif(. degree of 
protection, in view of the a<;tnal condition of sc^al 
life as it presents itself to them at the present 
time. (Sec. \hh) 

The first restriction proposed is to limit the L.-.nUation of 
number of seals to be taken on the Pri},iIofl'si:;ua;:" ''"'""' 
Islands to a fixed inaxiinum of 50,000 (!S(;(;. 
155a). This proposed regnlation, being appli- 
cable to the territory of the United States is, as 
already noticed, without the jurisdiction of this 
Tribunal. 

The secmd i)roposition is to create a zone about ,vof..tivo 
the Pribilof Islands with a radius of 20 nautical **'''^'"'**'^- 



zoue 



1 



I 
I 



ill 

I! 

H 



nU 



126 



REGULATIONS rUorOSED. 



rrotopfivo zone miles, within wliich pelaj^ic soalinfjf shnll be pro- 
hibited (See;. IbfA)). The Case of the United 
States lias fully dealt with this })lan of zonal pro- 
tection/ and the Report itself practically admits 
the difliculty of enforcing- such a prohibition 
(Sees. IGO, 7G8). 

cioBc season 1)10- Tiio third proposal of the Commissioners is a 

posed. 

close season for pela<^ic sealing, extending froju 
the ir)th of Septeinber to the 1st of May in each 
year, with the additional provision that no sealing 
vessel shall enter Bering Sea before the 1st of 
Basis of pro- July in each year (Sec. I r)5c). This is based on 

itoaodclosuscasoii. , ,• ii , i -i ^ p ^ 

the assumption that males and barren lemales 
constitute substantially the whole of the pelagic 
catch in Bering Sea (Sec. G48). If, liowever, 
this could be established, it is at once evident 
that, if the alleged faults in the management of 
the Pribilof Islands were corrected, the class of 
barren females, alleged as forming a large per- 
centage of the Bering Sea catch (wnich assertion 
is advanced as an apology for i)elagic sealing), 
would entirely disappear. Thus the excuse for 
open-sea sealing is based on the alleged mis- 
management of the seal rookeries by the United 
States, 
cioso season The period in which sealing is allowed bv the 

niltl Lavo littlo ^ e> .7 

regulations ])roposed is substanti;dly the same as 

'Case of the United States, pp. 25G-2C3. 



won 

«il'cut. 






SrHCIFIC SCHEME SUGGESTED. 



127 



ly the 
iue as 



tlio tiniG occu))ii'd l;y tlio sealers in takiuji' tlie Closo B<MiHon 

i -' o w.Miltl liavo littlo 

so-called "Saiul Point" and " Jierin<,r Sea" catches, •^<i*=»;t. 
which in 181)1, according- to tlio Connnissionera* 
table (p. 205), constituted 93 per cent of the total 
catch of the Vict(>ria ileet. The Connniss'oners 
thus propose tiiat the Pribilof Island quota bo 
cut down 50 per cent and the pelagic catch but 
7 per cent. 

As to the further concession of the Report, „n."* ""*'?"" ff 
that sealing vessels may be lu-ohibited from enter-*'."'/ ^' "" »5''"*^*^'*- 
ing Bering Sea till the 1st day of July in each 
year, it is to be noted that the Commissioners 
state that the sea is "now usually entered by 
pelagic sealers between the 20tli of June and 1st 
of July" (Sf^c. 049). It can not be that such 
a useless restriction can be suggested in the 
lieport, excei)t for the purpose of a})pearing" to 
make a concession when none is really made. 

The Report further proposes that for every " Componsatory 

iKl.jiistmculb" 1*10- 

decrease of 10,000 seals taken on the Islands anposud. 
increase of 10 nautical miles be given to tho 
width of protected waters about the islands (Sec. 
156). As this is simply an extension of tlio zonal 
question to a larg-er area, it is considered to be 
unnecessary to further discuss this proposed 
*' compensatory adjustment." A second proposal 
of the same nature is to curtail the open season 
for pelagic sealin*^ by seven days if the quota 



128 



REGULATIONS PROPOSED. 



Il 



m 



lit 
lip 

m 



m- 






"Compensatory on tho Islaiuls is recluccid 10,000. The Conimi.s- 

ii(ljiistiiiciits'']^»ro- 

poBcd. sioners evidently consider that this suggestion is 

"a just scale of equivalency as between shore 

and sea sealing" (Sec. 156); that is, that one 

Supposed pel ag- week of pclauric sealing equals 10,000 sonls killed. 

ic ciitch, 10,000 a in o i » 

week. As the opcn season proposed' by them consists of 

over twenty weeks, this presupposes a pelagic 
catch of 200,000 seab, or four times as many as 
are contemplated by their regulations to be al- 
lowed to the Pribilof Islands. It would also 
make the combined number of skins derived 
from the Alaskan herd 250,000, which certainly 
would be more damaging to seal life than the 
present condition of affairs, even if the United 
States allowed 100,000 skins to be taken on the 
Islands. 
Unfairnosa of The rccommendatiou by the Commissioners 

Coinmissiouers "^ 

siiowu. of a series of regulations such as tliose above 

considered is clearly indicative of the bias and 
partisan spirit which appear in nearly every 
section of their Report. 
Aitornativo The alternative regulations- proposed (Sees. 
1G3-108), such as entire prohibition of killing 
seals on the breeding islands and p<n-iods of rest, 
with the necessary governmental charge thereby 
imposed, are not regarded by the United States 
as subjects re(|uiring attention in the Counter 
Case. They are nuiuifi tly inadmissible. 



Ill 

liitiuuii. 



rv 



I-*-— 



nmis- 
iou is 
shore 
t one 
billed, 
ists of 
oliijjfic 
iviy as 
bo al- 
d also 
Lerived 
rtaiuly 
ail tho 
Jnited 
on the 

sioiiers 

I abt)vo 

IS and 

every 

|(Secs. 
ailing 
It" rest, 
[ereby 
States 
kmter 



REPLY OF THE UNITED STATES TO THE 
BRITISH CLAIMS FOR DAMAGES. 

In regard to the scliedule of claims for dam- 
ages appended to the Case of Great Britain, upon 
which findings of fact are asked under tlio pro- 
visions of Article VllI of the Treaty of Arbi- 
tration : 

The United States admit that a portion of tho f'ci'''"re3 admit- 
vessels named in the schedule were seized by then* 
cruisers at or about the time stated, that the ves- 
sels were at the times of sucli seizures in tlio 
waters of Bering Sea and more than one marino 
league from any land owned by or within the 
jurisdiction of the United States; but sucli seizures 
were made upon the waters included in the treaty 
of cession of March 30, 18G7, between llussia and 
the United States. 

As to others of the vessels mentioned in the p>:"^'¥*^'V" . "^ 
schedule, the United Strites admit that they were '^'^'^ ^^'i^''^^^- 
ordered by tlie cruisers of the United States to 
leave Bering Sea, whei-e they were unlawfully 
engaged in taking fur-seals; and, as to otliers, that 
they were about to enter that sea for tlie same 
unlawful purpose [iiid were warned not to do so 
bv the cruisers of the United States. But, 
whether the vessels so ordered out of Jeering Sea, 
or warned not to enter the same, left it, or 
refrained from entering it, by reason of such 



lli3(5t- 



129 



130 



KKl'LY OF UNITED STATES 



\U\ 



I 



I 



J 



TJonHons wliy 



Proiiihitinn of orders and waniiu<i:s, tlio Unik'd States are not 
Sen miuiiitcd. infomiod savo by tlio statements aoconipanyin}^ 
said claims, and they do not admit that such 
orders or warning's were obeyed. 

The United States ('liar<4e that each and all of 
the vessels when so seized were ennas^ed in tho 
hunting- of fur-seals in the waters of Bering Sea 
in violation of the statutes of the United States, 
and that such seizures were made in accordance 
with the laws of the United States^ enacted for 
the protection of their property interest in the 
fur-seals which frequent Bering Sea and breed 
only upon the Pribilof Islands, which Islands 
are part of the territory of the United States 
and that the acts of the crews and owners of 
these vessels in hunting and catching seals were 
such as, if permitted, would exterminate the 
Alaskan seal herd and thereby destroy an article 
of commerce valuable to all civilized nations. 

Vessois seized, It is further insisted, on the part of the United 

OWlU'd 1)V Uiiiteil ^ i i ■, rm ^ 

siutcs ciiizeus. fetatcs, tluit the stcam scl.ooners Inornton, Grace, 
Anna Beck, and Dolphin and the schooners Say- 
ward, Carolena, Fathfindcr, Alfred Adams, Black 
Diamond, and LUy, for th? seizure of whicli 
claims for damage are made, were at the time of 
their seizure owned in whole or in part by citi- 

' Sep. 1056, Revised Statutes of tlio United States; see A^jpendix 
to Case of tlio United States, Vol. I, p. 96. 



TO KiiiTisii (;laim.s roil 1)AMA(ji;.s. 



131 



iuch 



)poQdlx 



zcns of tlio ITiiitctl States, and that, tliorcforo, VmscIm Hiizod 

(iwiicil iiy I'liitcd 

IK) claim tor (laiiui'H'cs can Ikmu'u'c'I in tlicir he- .states ciLi/cii.s. 
lialt" i)y Great Hritiiiii; tliat lliu steam scliocjiiers 
T/ioniloii, (h'ucc, Anna Beck, and Do'pliin and 
ono-lialt" of the schocmer Sajiivurd \V(a'o owned 

IIcl.ltioilHdf IiOH- 

by one .r<>sei)li lloscowit/, a eiti/(!ii of tlio Unite*! <<>\vitz, w.irrcu, 

mill CoDinir. 

States; tlint ffamus Douglas WiUTen, In wiiosu 
name the claim is made as to the steam schooner 
Thundon, liad no real Interest tluM'ein, but that 
the same was mort<'"a'''ed to her full value to 
Josepli lioscowit/, who was m tact tlie real wit./,, iinitod 

, , rni ir /( • 1 Sl;it.(!,s citizen, 

owner; and that lliomiih 11. booper, m wiios(; owjici-. 
name the claims I'-rowini'' out of the sei/AU'cs of 
the schooner ^K /'. Sai/ward and of the steam 
schooners (irdcc, JJolphiii, and Anna Heck aro 
made, had in fact no interest th(3rein and has in 
no respect been danuiified or sustained loss by 
the seizures thereof, either as owner of these 
schooners and steam schooners, thciir outfits, or 
their catches, the same beinj*" rnort;.^;iged to their 
full value to Joseph IJoscowitz, above referred 
to, and having been conveyed to Thomas 11 
Cooper, without consideration, for the sole pur 
pose of giving them a registry as British vessels.^ 

It is also insisted by the United States that A. J. Tinriitci, 

lIiilt«<lStat«%sciLi- 

the schooners Caroleua and Pathjinder were in /on, owner. 

' l)i']i()sitiou of TlioMiiis ir. ('oopiT, pout p. 320. Atliihivit of T, 
T. Willinnm, Apuendix to (.'nso i)f the United Sl.ites, V(d. 11, p. 41)1; 
l)unt p. 351. TestinKtny in Wiutimi r». lU)6i:u\\[t,y.^ post p. 3()l-320' 



132 



KKl'IA' i)V UMTKl) STATES 



owner. 



A. J. i?tMhtoi,fjv('t, iit tli(^ timo <)t" their sciziin! owned by Olio 

riiilcd Sfatcs i-it- _ .^*' 

i/in, owner. A. J. Hcclitel, tlieii ii citizeii of tlie United States,^ 

and that William Mnnsie and Frederick Carno, 
in whose names the claim lor damages growing- 
out of the seiznre of these schooners are made, 
had in fact no interest in the schooners or their 
ontlits and catches ; that the schooners Alfred 
Adams, THack Pianiond, and L'di/, for the seizure 
of which claims are made in the schedule, were 
A. Frank, United ill fact at tlic time they were seized owned by 

Sfca t.-N citizen, "^ _ _ "^ 

one A. Frank, who was then a citizen of the 
United States; that Gutman, in whoso name tho 
sclio(»ner Alfred Adanit was registered, was uot 
the actual owner of the s(;hooner, her outfit or 
catch, but, on the contrary, that the said schooner, 
her outlit and catch, were owned by said Frank ; 
that after the release of the Alfred Adams from 
seizure her name was changed to Xi///, in behalf 
of which damages are also claimed in the 
schedule, she remaining the 2)r;*i<crty of A. Frank, 
and he alone being interested in her outfit and 
catch, and not iMorris iMoss, in whose name the 
last-mentioned claim is presented; and that said 
Frank was also the ow.ier of the schooner Black 
Diamond, her outfit and catch, and that lie was 
the real jx-rsttu who sustained <lamage or loss by 

' T. T. Williams, pout p. 351. 



TO 15RITISH CLAIMS FO\l DAMAf;i'.S. 



133 



ii 



s I'roiu 

IbeViaU 

11 the 

t and 
110 the 
[it isaid 

Black 

10 was 
,)ss by 



reason of five seizures of the Alfred Adams, J/di/, A.Franif.ri.iicd 

St;ii('8 citizen, 

and Black Diamond} . owtn^r. 

It is further insistetl, on tlie part of the Unit(ul No (inmn^^os ciui 

1)0 ;i\viir(lc(l I'd f 

States, that all the items in tlie hcvcral chiims in i""**i"-'^i'ivo piof- 

' lis. 

tlie schedule, desij^'UMted as " lo.s.s of estiinnteil 
catch," ''probable catch," "balance of })rol)ablo 
catch," "reasonable eaniin;j;s for months of Oc- 
tober, November, and Deceuiber," '' loss of 
jirofits," for sea.sons sul)se(}uent to seizure}, and 
all items in said claims based on future or con- 
ting'oiit events, ai'o in the nature of ])rospectivo 
])rofits or speculative da,niit<»'(is, and are so uncer- 
tain ns to forui no le<^al or ecpiitable basis for 
1111(11110- facts upon which damag-es can be j)r(3di- 
cated. Cliiims of tlu^ siuiie nature were made on 
behalf of the United States before the Ti'ibunal 
of Arbitration on the Alabama Claims, whii'h 
met at Geneva in 1872, and in passlno- upon 
this class of claims that Tribunal said: "And Df^isio!! in 

Gciiovii Ai'bi tiii- 

wlioreas prosjioctive earnings can not projiorly*'""' 
be made the subject of comjiensation, inasmuch 
as they depend in their nature upon future a^d 
uncertain crntin^-'oncies, the Tribunal is unani- 
mously of o[)inion that there is no g-round for 
awarding- to the United States any sum by way 
of iiuh^mnity under this head.^ 

« W. H. Williiuns, poxt \^. 352. 

Tapers relating tn the Treaty of Waaliin^tou (Alabama Claluia), 
Cougressional imblication, Voi. 1, p. 53. 



134 



REPLY OF UNITE n STATES. 



' III': 



AM .iainafr«« If is furtliei' insisted, on tlio part of tlio United 

cliiiiuLU excessive. ' '■ 

States, tliat the value of each and all the vessels 
60 seized, mentioned in the schedule of claims, 
and the detailed accounts in relation thereto, are 
grossly exaggerated, and that, in fact, the values 
of tliese vessels and their respective outfits were 
far below the amounts stated and claimed; and 
the damages claimed are in all respects excessive,^ 
aside from those which, as stated above, are 
wholly untenable. 
QnraHons sui)- Tlio Uuitod States do not deem it necessary to 

milled niKlor Ar- *' 

tiiioviii. state in detail whereiii the valuations and dam- 

ages Claimed are excessive and exaggerated, or 
cul»mit proofs in relation thereto, further than by 
the analysis of said claims found in the Appen- 
dix to this their Counter Case, at page 331), for the 
reason that the "questions of fact involved in the 
claim" of either of the jjarlles to the Treaty 
against the other, to be submitted to the Tribu- 
nal of Arl)itration under the provisions of Article 
Ylir, should, as this Article is understood by the 
United States, have relation only to such facts as 
tend to hx the liability of one party to the other, 
and do not include facts which only relate to the 
amounts of such claims. 

'Tables sliowinj? valiifs of vtvsst'ls sci/cd, cto., post pp. 339-310. 
Koport Biitish Coiumissiouora, pp. 205, 210, iiud 211. 



1^^- -. 



CONCLUSION. 



135 



The Government of the United States, in clos- Roas«crts ti.o 
ing its presentation of the matters in controversy S'cZ". *"'"' '" 
by this reply to the printed Case of Great Britain, 
reasserts the positions taken in its printed Case 
and all of the propositions and conclusions con- 
tained therein, and is prejinred to maintain the 
same by ai-gumeut before the Tribunal of Arbi- 
tration. 



mi 

P 
11 ■! 



APPENDIX 



TO 



THE COUNTER CASE OF THE UNITED 

STATES. 



137 



Hi 



J)IIM.()MATIO COHIlKSrONDKNOK IIKLATINd TO Till': INTKIUMIK- 
TATIUN OK TIIK TUIiATY OF yVlilllTIUTIOiN. 



Mr. Foster to Mr. Ihrbrrt. 

l)Ki'AK'i.Mi",Nr (»!' 8tati;, 
Wo.shiHfiton, Sriitfiiilwr ;J7, JH!)^. 

Sll!: On tli(> (»Mi instiiiit., llic <l;i.v \\\'U\v Mic rcci^ipl by me, of llio 
I'riiihMl (';is(> (»r Her iMiijcsty's (iovciiiiiu'iil, ciillcd loi- liyllic, proviHioiiH 
of lilt', Arbilj'iitioii Trciity oi' l<S!)L!, in ii ronrMciMc. wliirli I liixl tlic. Iioiior 
to hold willi yon at Mn' Dcpiiilinriil, ol'Slnlc, I made. I<ii(»wii t/O yon tlio 
|):iiniiil iniprcssioii wliicli had I)(>(mi <'r<'at<-(l npoii inc, by a hasty iuid 
rni'Hory <'\aniination of fhat (lasc. I withheld any foririal lepn'.sciitii- 
lion on thr Hiihjt'ct niitil I <;onl<l have ai! opporfnnity lo lay the matter 
before the IMcsidt^nf. His abst-nee from this capital and flie att^'iidant 
ein-nnistances ha\<' made it ntMM'ssaiy for me ttxlelay a eommnniciition 
to yon till tlie present. 

I am now direettid by l,he, l*resid<',iit to say that ho, has observe^d with 
sni'iniso and exlrenici rej;ret: that the liiitisli (!ase, contains no evidence 
whatever tonchin^' tlM>. principal facts in dispnte npon which tin; 'I'ri- 
bnnal of Arbitration nnist in any event larf^t'ly, and in one event en- 
tirely, depend. No pioof is presented npon the (piestion Knbmittcd by 
the, treaty coiM-ernin};' the ri^htof pr«»i)erty or propeit.y interest iissertt'd 
by the United States in t;he seals inhabitJiij;' the I'ribilof Islands in 
I'.ei'injjf Sea, or upon the tjnestion, also snbmitted to tli<i Tribnnal of 
A ibit ration, (roniMMiiinf;" the eoncnrrent re<,fnla(ions which ini^ht be 
ni'cessary in ii<!ertain continj^cncy spe<'.itied in the Tr(!uty. 

If it were fairly to be inferred from this omission that no proofs on 
these important points are intended to be ottered in behalf of Her Maj- 
<'sty's (iovernment, no j^ronnd for ciiticism or ol>jection by the (iovern- 
ment of the IJiiitcul States (iould arise, since it is within tin; exclusive 
l)rovince of either ])arty to det<'rmi]ie what (ividence it will su])mit in 
respect to any ))art of tb(^ controversy, or to refrain from submittinj^ 
any evitb'ncc at all. Jiut sncli inference as to the conrst! contemplated 
by t he JJritisli (lovenunent does jiot seem consistent with certain state- 
ments made by its a{,'ent in the Piiistiid Case; submitti'd by him. 

In reference to the asserted ])ropeiVy rights and interests, it is said, 
altera brief discussion of the; question upon the assnmption that seals 
are /<;>•«.' natnra;: "In the absence of any indication as to the grounds 
u]>on which the United States base so unprecedented a claim as that 
of a right to ])rote(!tionof, ori)roperty in, aniiii;iis/t'r(c naturm ujjou the 
liigh seas, the futher consi<leration of this claim must of necessity be 
])ost])oned." (British (Jase, p. 110.) And in referencie to the subject 
of concurrent regulations it is said: "The further consideration of the 
subject of any proposed regulations, aud of the evidence proper to be 
c<»nsidered by tjie Tribunal in conne(;tion therewith, must of necessity 
be for the ])resent ])ostpone<l." (Ilritish ()ase, ]). 157). 

It would seem from tin? Ibregoing extracts that it is the view of the 
Agent of the British Uoverunient that he still has an oi)portunity of 

139 



i 



140 



DIPr.OMA'riC COUKKSl'ONDKNCE. 



$<' 



layiiif? l»of«m^ tlio Tribunal any njatlor whicli lui may chooso to introduco 
by way of proofs or cvidiMico hearinj;' upon the (pu'stion of i)roperfy, or 
interest in llu^ na(iir«' of property, in tin' Alaskan fur-seals, or upon tli« 
question of coneurient re;;uIations for the protection and pr<\servatioii 
of the same; and, inasmu<-h as the Treaty provides for tlie submission of 
evidence only throuf'h the (-uses and Counter Cases therein nienti(HM'd, 
such view of the Hritish Aj^ent must be that. In' may ineoiporat*^ sueli 
pro(»f and evidenee in tlu^ ('onnter ( 'ase to be pre])ared by liim, leavin;; 
the United States wilhoiitany means of eontradietin^j, limitinjj;oi' (piali- 
fyinj; them, howi^ver open they may be to eontradiction, limitation, or 
<lii dilieation. 

Jt must be evident to the (Joverinnent of Her Britannits Majesty 
that by the i>rovisions of the Treaty the (piestion whetln^r the. llnitt'd 
(States have any proi)ertv interest in tlie seals referr<>d to, and the 
question what eoneurrent rej»ulations in the si)e<'ilied continj^eney may 
be neeessary, are directly snlMnitted to th(^ Tribunal; that iho Treaty 
assumes that each party will or may have allejiations to make and evi- 
<lence to jiroduec upon both cpiestions; that the ])lain contemplation of 
tlu^ Treaty is that each party shall state in his case what his proposi- 
tions of law are, and the evidence which will be relied u])on in supi»ort 
of them, to the end that the other i)arty may have a fair opportunity of 
showinjj in his ( 'ounter Case that such evidence is untrue, or erroneous, 
or ])artial, or subji'ct to qualification or explanation, for which purpose 
alone the inovision for a Counter Case was framed. 

The liritish Ajient and Counsel must well know that the decision of 
the two cpiestions above refeired to must de])end upon the evidence 
produced concerning the nature and habits of the fur-seal, and the 
methods of cai)ture and killinjn' which are consistent with the preserva- 
ti(m of the species; and that it is mainly up»ui these points that collision 
and contradiction ujxm matters of tint and differences in reepci't to 
matters of oi>ini(m are exhibited by tlu; statenientKS of perscms likely to 
be made witnesses: that such witnesses are, in many instances, under 
the inthuMK'e of i)rejudice and bias, and in some, open to the susi)icion 
of insincerity and untruthfulness; and that the only way by which 
either ])arty may i)rotect itself against the conseiiuences of falsehood or 
error is by having an op])ortunity to detect and expose it. 

The President can not conceal his astonishment that it should be 
assumed that the JJritish Government is at liberty to introduce a whole 
body of testimony of this character for the lirst time in its C<mnter 
Case, and thus shut <mt the United States from an opportunity of detect- 
ing and exposing any errors which may be contained in it. The Gov- 
ernment of the United States can not fail to be aware, from the cor- 
respondence that has hitherto taken ])lace on this subject between the 
two Governments, as well as from full information derived from the 
representatives and agents of Iler Majesty's (Jovernment and the Cana- 
dian Government in the courseoftlu^ proceedings and discussions that 
have already occurred, not only that it is claimed on the ])art of those 
(Jovernments that material evidence exists to contradict the facts as- 
serted by the Government of the United States, but that a considerable 
l)art of it has been already taken and prepared by the British Goveru- 
inent, as to the character, extent, and weight of which, however, the 
Government of the United States is wholly uninformed. 

The propositions of law and of fact upcui which the United States 
will rely in the Arbitration are i>recisely stated in its Case now in the 
hands of Her Majesty's Go\ eminent, and need not bo recapitulated 
here. In support of these assertions of fact a large amount of evidence, 
and all the evidence the Government of the United States will olfer, 



,_,„-^'.e:imi&iM>-^'^ 



RELATING TO INTEUl'KI/rATION OK TRlwVTY. 



141 



Liuter 
?toct- 
iGov- 
cor- 
I the 
I the 
lauji- 
I that 
[hose 
is ilS- 
Irable 
t^eru- 
the 

bates 
the 
kited 
Hue, 
lli'er. 



•'xccpt in n'lmttal oftliiit which may be iiiti'odiKMMl on the other sich^, 
lias been i)rei)ai(Hl and is printed in tho American ('ase and its Ap- 
pendices, 

The facts ])reseiited in the Anu'rican ('nse are not new. Tli(>y have 
be«'n tiie sui)iect of I(tii;;- discussion and correspondence befwe«'n tlie 
twoliovernments. and of |>roh)n<;'ed consideration by the ('ommissioneis 
<»f the resj)e(!tiv<' (loverniiients appointed many niontlis liefore the 
Treaty was «'elebiate»l, and wiiose functions, set fort ii in Arti<'le. 1> of 
tlnit instrument, were to invest ipite tiu' sultject of seal life and tl:e 
measures iie(!essary for its protection. The opposing;' (diiims of Wui 
(rovi'mments in resjiect to these liu^ts have been re,co<fni/i',d and unch'r- 
stood as constitutin;;' in one view to a larj^c extent, and in another view 
to the full extent, the controversy for the determination of whicth the 
Tril)unal of Arbitration has been created. If t lu^ ( 'onimissioners could 
have agreed in resjKutt to tliiun, as was hoped and <lesired on both 
sides, an arbiti-ation mif?ht not have been necessary, it is therefore 
im))ossible for the Governnu'nt of the United States t(» believ<\ unless 
it should be so assured l)y llei' Majc^sty's (Jovernment, that it is tlui 
intention of that (iovtM-nment to briii}^ forward no eviden(u>, on these 
l)oints in its own behalf. 

If such evidence is to beoll'ered hereafter in the Ibitish Counter (Jase, 
the result of withholdinj; it in th»!(Jas(^ alrciidy delivered will be as fol- 
lows: When ju'csented in the Counter (.'ase the I'nitcd Stiites (iovf^rn- 
nient will have under the ]>rovisions of the Ti'ciity no opi)ortunity 
M'hatever t(> meet it by rebuttinj,' i)roof of any descri|)tion, hut must 
proceed innnediately to trial witliout lieinj- able to offer any contra- 
dictory, explanatory, or impeachinji' evidcMice. Tln^ Counter Case is 
the last chance alJ'orded by the Treaty for the introduction of any evi- 
dence at all. It is therefore ])rovided that the Counter v'as(;s shall not 
be exchiiiif^ed until thirty days before the flnsil submission of the (pies- 
tions for decision. And thus the whole body of the IJritish evidence, if 
reserved for the Counter Case, w<»uld only <'oine to the kiiowled^^c «)f 
the GovernnMMit of the United States on the eve of the heja-inj;', with- 
out the privilege of answering;' it. 

Especially would such a method of trial i)rove injurious to the United 
States (jiovernment in respect to thatbranch of the hearing that refers 
to the regulations which the Tribunal is authori/ed to ju-eserihe in its 
discretion tor the i»rese.rvation of the seal herd front extim-tion, if in 
the course of the consideration of tlie ( 'ase they should reach the (ron- 
elusion that the United States Government can not demand such pro- 
tection as a riglit. A strange misconcejttion seems to exist in the mind 
of the Agent of Great Jliitain that a hearing other than that providi'.d 
in the Treaty is to be afforded for the consideration of the (piestion of 
regulations, sluudd the contingency therefor arise, and that another 
oi)l)ortunity than the Printed Case is to be granted for the submissiou 
of evidence upon this (juestion. 

It must be manifest from an examination of the Treaty that only one 
opi»ortunity is afforded each party to submit evidence on this«iuestion, 
and that is to be availed o*:' in the original Case, except so far as e\i- 
dence in rebuttal may be l.igitinuite in the Counter Case. Should the 
Arbitrsitors, in the course of their deliberations, find it necessary to 
consider the question of regulations, the nature, extent, and efhcienc'y 
of the regulations to be framed must be determined entirely upon the 
evidence already submitted, since the subject is one upon which the 
Arbitrators can have no other knowledge than that thus afforded. 
How far jiud how gravely the Governments are at issue upon this poi.iu 
may be seen by reference to the correspondence regarding it between 



142 



DirLOMATIC COUKESl'ONDKNCE, 



If 
'11 

I 



!i 



r' 



their respec^tive rei)iosentiitivos inccediiij; llie (U'li'bratioii of tlio Aibi- 
triitioii Treaty. Can tlio United States be r»as(»i.. hly expected to dis- 
eusH this iinporlaiit (inesti(Hi upon a mass of adverser evidence winch 
it lias had no ehiinee to meet by counter evident', and liaidly tiuui in- 
tellipMitly to ])enis«»f 

It is lurtiier wortliy ol'remaik tliat, by the prop(»sed method olinak- 
inj>' ni> tlie Case, th(^ United States ( iovcrnment will not only be depirivcd 
of the means of re])ly to the IJritish evich'uce by i>roof, but also of the 
opportuidty adequately to discuss it in ar,ninnent. It will be observed 
from tiie ])rovisions of the 'i'reaty that the written av^iument ni)on the 
whole (^ase must be comi»lete and delivered within thirty days from the 
reception of the Counter (.'ases. Diirinj;' tiiis time tiie ari^umeiiton the 
American side nuist be prepared, printed, and sent across the Atlantic, 
althouj,di a considerable part of the tinu'. must necessarily be o(^cupied 
by counsel in reaching I'aris from the Uniti-d States. While this may 
bo possible, thouf-h not easy, in res|)('ct to so much of the Case as Jias 
b(!en for several months jjrevionsly in the hands of counsel, if only evi- 
deiute strictly in rebuttal remains to IxMlealt with after tlu^ Counter 
Cases are exehanf>ed, it W(»uld be manifestly impossible, if the bulk and 
strenf;th of the Uritish [iroofs are to be presented for the first time in 
the Counter Case, to prepare any arjiiiment in respect of them that 
would be likely to be useful within a i)eriod so short and s(» interru])ted. 

To a construction of the terms of the Treaty which leads to results 
so grossly unjust and so f;ravely ]ne)udicial, the (lovi'rnment of the 
United States can not assent. It would be, in its Judf^inent, such a 
]>erversion of the letter and such a violation of the si)irit of the Treaty 
as would threaten to defeat its objects and be fatal to its usefulness. 
It nuiy safely be asserted that in no Judicial ))roceedinj^ ever invented 
for the determination of disputed facts was it alIowe(l that one party 
should be at liberty to introduce his whole case in such a manner as to 
yive his adversary no opi)ortunity to present evidence in reply to it, 
althoufih all'orded on his own side full means of rei)lyin{>' to his adver- 
sary's testimony. Such a method of trial could not be ex])ecte(l to 
result in ajust decision. Had such a proposal Ih^cu nisKicin the i)res(!iit 
case by either of the hij^h contraiitin.c i):!rti<'s, when the jjiovisions ol 
the Treaty were beinjj^ frameil, it would have bcin at once rejected, not 
only as inadmissible, but as unworthy of the Cxovernment presentinj;- it. 

The true intent of the terms of the Treaty in rcs{)ect to the mode oi 
trial is, as the Government of the United States respectfully insists, 
obvious and clear. But one Case and one Counter Case are i)rovided 
for on each side. No issue is previously formed, and no i)leadin<is in- 
terposed. It is manifestly contemplated that both parties shall simul- 
taneously submit to the Arbitrators and to each other, in the Case which 
is to be exchanged within four months from the ratilh-ation of the 
Treaty, their ])ropositions, their claims, and their evidence, upon all 
points in dispute. Neither j^oes forward, as in an action at law, neither 
is entitled to wait until he receives his adversary's case before submit- 
tinj? his own. Both understand by long' corresixmdence and lu'gotia- 
tion what the controversy is. Then to each is alibrded the o])p(U'tunity 
to reply to the Case on the other side in the Counter Case, which is to 
be exchanged within three months after the r(H'ei)tion of the Case. The 
language of Article iv is upon this point decisive. No further oi)por- 
tunity of submittirg evidence and no second hearing are provided for 
res])eeting regulations or any other matter. 

To the Counter Case no reply is provided for, exce])t in argument, for 
the plain reavson that it is supjiosed to contain no evidence exce])t that 
in rebuttal. This method is fair to both sides, and places both ou an 



i 



RELATING TO INTKRiniKTATION OF TKKATY. 



143 



)f the 

Mil all 

dtliei" 

libiiiit- 

i'otiii- 

tuiiity 

|i is to 

The 

l>l)])OV- 

'il for 

lit, for 

that 
lou an 



equality. And as coiifiriiiiiifj tlie iiitoiition of tlio Governments as to 
these sta,ncs of tlie j)ro(eL'(liii^s of tlio Arbitration, it is reciiiired that 
the decision of the Tiibiinal on tlie points submitted to it siiall, if pos- 
sible, be made Avithiii three iiiontlis from the close of the ar;,ninieiit.s. 

Tlie Government of the United States has entins confidence that in 
this view of the reciiiirements of the Treaty it will have tlie conciir- 
reiK^e of ller Majesty's Goviirnment. 

The (ioverniiient of the United States has been and is extrenu^ly 
desirous that the Arbitration sliouhl proceed, but only aecordinu to tin? 
Treaty, the object of which was to provide a fair trial. To this end it 
has made an elaborate preparation and has complied, on its part, with 
every re(piirement of the Treaty. It would be a source of profound 
re;4i(!t to the United States Government and, as it can n(>t doubt, to 
Her Majesty's (iovernment, if the Arbitration should at this sta{;e be 
put in i)eiil. Should the assurance be received from Her Majesty's 
Government that the apprehension above exjuessed is unfounded, and 
that it is not intended on the part of that Government to oiler in its 
Counter (Jase evideiu^e on the points that have been mentioiu^d luMeiii, 
the Government of the United States would accept the British Case as 
already delivered as a full compliance with the requireuients of tins 
Treaty. 

But in the absence of such an assurance, and in view of the state- 
ments made in that Case by the ajjent of Great Britain herein quoted, 
I am directed by the President to state that he would feel constrained 
to regard the British Case as submitted as a failure on the part of Her 
Majesty's Government to comply with the terms of the Treaty of F«'l>- 
ruary 2!), 18!)-}, and to protest in the most solemn manner against this 
noncompliaiH-e with its ]>rovisiuas. 

But the President entertains the greatest confidence that when the 
views herein ex])ressed are brought to the dtteution of Her Majesty's 
Government it will hasten to correct the errors which have been made 
by its representatives in charge of its Case, and he is ideased to give 
the assurance in advance that the Government of the United States 
will assent to any reasonable means that may be proposed to that end 
by Her Majesty's Government. It is to be note<l, however, that if tlie 
date iixed in the Treaty for the closing of the Counter Cases is to be 
observed no time is to be lost by the British Government in submitting 
such proposition as may seem to it to be called for under the circum- 
stances. 

It would not be i)ossible to correct the injusti(;e which the Govern- 
ment of the United States coueeivea has already been done by the 
manner in which the British Case ha» been made up. It was an ad- 
vantage which, it is conceived, was not intended to be afforded to eitiier 
I)arty that, in taking its evidence in chief, it should have the benefit 
of the possession of all the evidence on the other side, as also that in 
making up the report of its Conmiissioiiers it should first be ynovided 
with that of their colleagues representing the other Government in re- 
,spect to those i)oints u})on which they have failed to agree. But this 
disadvantage the United States Government prefers to submit to, 
though quite aware of its importance, rather than that the arbitration 
should be put in peril. 

I have felt it necessary to enter at some length upon an exposition 
of the views of my Government upon this question, because of its 
great gravity and of the serious consequences which might result from 
a failure of the two governments to agree respecting it, and because 
of the earnest desire of njy Government to reach a mutually satisfactory 
settlement. I deem it proper, however, to add in conclusion that the 



144 



DII'I.OMATK; COHUKSrONDIlXCE. 



(loverninont of the, IJiiitctl Stiites has (Mitirc (•((iilideiicc in its iibilityt<> 
in.aiiitiiin its ])i)siti*)U in tiu; conttoversy siibiiiittcd to tlio i'rihuiiiil of 
Arbitration; but to this end it must b<^ iillonlcd tlio benefit of those 
snbstantiiil sare<;nai(ls ajjainst tiie introduction of ei'ioi' wiiich the 
judicial systems of all nations so <!arefully sci-uro and which wen^ dc 
siffne«l to be secured by tin* provisions of tlie Tieaty. In the absence 
of such siifej^uards no party to n Judicial proccedinjj; can be conlldcnt 
of the prote(;tion of his rijfhts; indeed, a trial of a (luestion of rijuiit 
when one |>arty has no (►pportunity of nu'ctinj^ ami answerinj;' the idle 
Rations and evi<lence of the other does iu)t deserve the name of a judicial 
proceediuji'. 
1 have the honor to bo, wiMi high consideration, your obedient 



servant, 



John W. Fosteu. 






P 1*^1.. 



Lord Rosebery to Mr. Ilcrbert. 

(irandod to Mr. Adco by Mr. Herbert, October 25, 1892.) 

(No. 234.) 

Confidential.] Foreign Office, October 13, 1893. 

Siu : 1 have n'ceived your disi)atch, No. 270, of the 2Sth ultimo, inclos- 
injj a copy of tlu^ note a(hlrcsscd to you by the IJnitetl States' Secretary 
of State on the 27th Sei)tember last respecting the Behring Sea Arbi- 
tration. 

Its contents, the general purport of which you had previously con- 
veyed to me by telegraph, have rci^eiveil the attentive (lonsideration of 
Tier Majesty's Government, and it a])pears to them to be necessary to 
exanjine its various contentions in some detail. 

Mr. F()ster states: — 

(1) That the Pr(^sident "has observed with surprise and extreme re- 
gret that the British Case contains no evidence whatever touching the 
principal facts in dispute upon which the Tribunal of Arbitration must 
in any event largely, and in one event entirely, depend. No proof is 
presented upon the question subniitted by tlui Ti-eaty concerning the 
right of property or property interest asserted by the United States in 
the seals inhabiting the Tribilof Islands in IJchring Sc;i. or n])<)n the 
question, also submitted to the Tribunal of Arbitration, com^erning the 
concurrent regulations which might be necessary in a certain contin- 
gency specified in the Treaty." 

(2) Mr. Foster goes on to attirm that the Treaty provides for the sub- 
mission of evidence only through the Cases and Counter Cases tlnuein 
mentioned, and he infers that the view taken by the British Agent 
nuist be " that he may incorporate such proof ami evidence in the 
C<mnter Case to be prei)ared by him, leaving the United States without 
any means of contriidicting, limiting, or (jualifyingthem, however open 
they nniy be to contradi(;tion, limitation, or qualification." 

The Government of Her Britaiuiic Majesty can not admit that there 
is any foundation f(U' these complaints,. which seem to be based upon a 
construction of the Treaty which, in their belief and in the opinion of 
their advisers, is erroneous. 

The scheme of that Treaty provides that the five questions subiriitted 
in Article Vi should be kept distinct from, and that the decisiju there- 
on should be prior to, the considerati(Mi of any qu(-stion of con'-urrent 
regulations, which consideration would oidy become nettessi.ry in the 






IlKLATINO TO INTKUPUKTATION OF TKKATY. 



145 



i;; the 



itliDiit 
open 



litted 
tliere- 
Irrent 
III the 



(ivont of Mio tlvo points hviw^ docidt'd unfavorably to tlio claim of tlui 
I'liitcd States. The sixth Articio n'(iiiires that a distinct <lccision shall 
lie j(i\cn oil cacdi of these jjoiiitJ. while the seventh Article provides 
that "if tlM^leteriniuation of tht- lorej^oiii;^ questions as to the«^xeIiisivo 
jurisdiction of the IJniti'd .Stat(^s shall leave the sul»i«^ct in such posituMi 
that the eoneurreneoof (rreat Britain is neiM-ssary t(> the estaMishinent 
of rcf^nlations for the pro])er i)rotec'ion and preservation of the fni- 
seal in, <»• habitually resorting? to, llehrinj,' S«!a," the Arbitrators shall 
tlitn dcternune what (ioneiirrent re{,Mdati(»ns are necessary, and that 
"to aid them in that determination, the report of a Joint commission, 
to be a|)pointed by the respective fjovernmenta shall be laid before 
thcni, with such other evidence as either (government may submit." 

It will be not«'d that the seventh Article (if the Treaty refers oidy to 
the report of a. joint commission, and it is by the nintli Artieh* alon*? 
provided that tlie Joint and several reports and recommendations of 
tlu^ ('omndssioiH'rs may be submitted to the Arbitrators, "should the 
coMtinjicney therefor arise." 

The event, therefore, on the hapi>enin<; of which the report or reports 
and further evidence are to be submitted is thus indicated by the 
Treaty; that evcMit beinj^ the determination of the live points sub- 
mitted in the sixth Article unfavorably to the claim of the United 
States, and so that the subject is left in such a position that the con- 
currences (d" (rreat Britain is necessary for the purpose of establishinj^ 
pro]»er regulations. 

It will 1)6 noticed further that the incpiiries of the commissioners are 
fonhned by articles vii and ix to the question of rcyuhitions, an<l have 
no reference to the points raised by Article vr. 

It is clear, therefore, that by the Treaty it was intended that the 
report or reports of the Comnussioners should be produced, not as part 
of the Case upon the questions stated in Article vi, but at a later stage, 
and then only in the continjiency above referred to. 

With ref^ard to point 5 of Article VI, the ( Jovernment of Her Britannie 
Majesty, believiufj that the allej^jed "riji'ht of property or pro|>erty 
interest" depends upon questions of law, and not upon the habits of 
seals and the incidents of seal life, have stated proimsitions of law which 
in their opinion demonstrate that the clainr of such rij^ht is not only 
unprecedented, but untenable. These propositions will bo found at 
paj>es 135 to 140, 153 to li>7, and propositions 15, 10, and 17, on page 100 
of tins Case of this Government. 

This being the view of tlie (lovernment of Her Britannic Majesty, it 
would have been altogether inconsistent with it and indeed, as they 
conceive, iUogical and improper to have introduced into the British 
Case matter which, in the ojjinion of Her Majesty's Government, can 
only be legitimatel." used when the question of concurrent regulations 
is under consideration. 

The Government of Her Britannic Majesty therefore reserved, and in 
their (qiinion rightly reserved, until the time contemplated by articles 
VII and IX of the Treaty, the consideration of the question of concurrent 
regulations should the contingeni-y therefor arise, and Her Majesty's 
Government protest against the introduction at this stage of facts 
touching seal life, whicli they contend afford no support to the exclusive 
rights claimed by the United States, which were the original cause and 
formed the first object of tiiis arbitrati(m. 

With regard to the allegation that the United States will have no 

means of c«mtradicting, limiting, or qualifying the proof and evidence 

adduced in the British Counter Case, the Government of the United 

^tates appear to have overlooked tUo provisiou of airtj'.'le YW, l>y wWcU 

1^304 10 



146 



DIPLOMATIC COURESPONDENCE. 



with reference to the question of the coneunent icguhitions, express 
permission is f;iven to each {^overnniciit to submit other evidence. 

These arc tlie views of die Government of ller Britannic Majesty, 
and they must maintain their correctness. But the Gov('i»>ment of the 
United States Inive expressed a ditfcrent view; t 'icy have taken the 
position tliat any facts relevant to tiie cons'.lcration of concurrent 
rej^uhitions slumld have been inchided in tiie Case on belialf of Uer 
Britannic Msijcsty ])ieseiited under arti< iC iir, and tliat the absence of 
any statement of such facts ])laccsthe United States at a disadvantaj^e. 
The Government of ller Britannic Majesty, while dissenting; from tliis 
view, are desirous in every way to facilitate the proj;ress of the arbi- 
tration, and are therefore willing to i'urnish at once to the Government 
of the United States and to tlie arbitrators the separate report of the 
British Commissioners, with its ai)pcndic('S. The Government of the 
United States are at libeity, so far as they think tit, to treat these 
documents as part of the Case of the Government of Her Britannic 
Majesty. 

ller Britannic Majesty's Government nnist, however, reserve to them- 
selves the rij'ht of dealin,!"' in its Counter Case, or at later stages of the 
proceed inji's, as contemplated by the Tioaty, with the questions which 
have been raised in the Case of the United States. It must also be 
understood that Her Britannic IMajesty's Government reserve to them- 
selves the right of objecting to the introduction in the consideration of 
the live points submitted by the sixth article of the Treaty of matter 
which they contend to be irrelevant and which they consider to have 
been improperly introduced in that connection. 

The Government of Her Britannic Majesty have observed with sur- 
prise a suggestion, contained in the concluding ])aragraphs of Mr. 
Foster's note, that they have derived an advantage in " making up the 
report of its Comnussioners," by being lirst i)rovided "with that ot 
their colleagues representing the other government in respect to those 
j)oints upon which they have failed to ag'"ee." This advantage INIr. 
Foster further characterizes as impt)rtant. The Government of Her 
Britannic Majesty had taken a dilferent view as to the functions of the 
Commissioners from that api)arently taken by the Government of the 
United States. Her ^Majest /'s Government had I'egarded them as in- 
dependent and free from control in the i)rej)aration of their report, and 
the duty of strict impartiality will be found to have been specially im- 
pressed upon them in their instructions. 

The report and appendices, in the words in which they are now 
presented to the United States, were printed on the 21st June, 185)2, 
and laid before the Queen in pursuance of Her Majesty's Connnission. 

As the time for the delivt-ry of the Counter Cases has now been ex- 
teiuled by sixty days, the Government of the United States will i)rob- 
fibly concur in thinking that ample time will be atfoided to that Gov- 
ernment for dealing fully with the repmt, but the Government of Her 
Britannic ]\Iajesty would be prejiared to concur with the United States 
Govei-nment in agreeing to a further extension of time, should the 
United States Government recpiire it. 

You will deliver to Mr, Foster a copy of this dispatch, as forming 
the answer of Her Majesty's (jovernment to his note of the 27th ultimo, 
and you will present to him at the same time tlie acconqianying copies 
of the volume containing the report of tlie British Commissioners. 

Copies of the vol lime will be forwarded to ea(;h of the arbitrators, 
and Her Majesty's Government propc..^ also to forward to them copies 
of Mr. Foster's note and of this (lispat<:u, 

X am, etc,, JiQ^KHtlWY, 



1 



L 

urn 



11 



UKLATINC TO INTKUriiKTATlON OF TUKATY. 



Mr. Foster to Mr. Herbert. 



147 



re nov/ 

e, 1892, 

nissioii. 

eon cx- 

11 piob- 

it Gov- 

of Ilor 

States 

lid the 

brininj:: 
lultiino, 
copies 
fcrs. 

pratora, 
copioa 

li«Y, 



V» 



DErAllTMENT OF tsTATE, 

Wanhington, Nocnnhcr ,'>, 1S[)i'. 

Sir: I liad the honor to receive throujjh you, on the !.*r»tli ultitno, a 
(lopy of Lonl IJosibc^ry's dispatcli of the Kith of the sume iiiontli, but 
an iiclviio\vhMl.ninent lias been delayed I'or the reason that tlic interpre- 
tation placed by his lordship upon those provisions of tiie Arbitration 
Treaty of February lii), 18'JL', Mliich relate to the mode of procedure, 
called, in the view of the I'resident, for some response from the (Jov- 
ernmentof the United States, and that this coidd be more intellifientiy 
framed after the copy of the report of the Bering; Sea Commissioners 
made to Her JMaJesty's Governnient, and which Lord Kosebery ex- 
l)rt'sse(i a willinfjness to furnish to the Govtniiment of tiie United 
States, had been examined and the extent to a\ hich that report would 
alVeet tlui Case theretofore prepared on behalf of Her JMaJesty's Gov- 
ernm(Mit was more precisely known. 

This report having been furnished to the Government of the Uidted 
States and caiefully examined, I now proceed to state tiie views enter- 
tained by this Government upon the intcr]»retation of the Treaty in the 
particnhirs above mentioned by Lord Itosebery. That interjtretation 
has been considered with the care which its character demands, and 1 
am constrained to say that I can not concur in it. It api»ears that, ac- 
cording to the view of Lord Hosebery, all matters relating totiun nature, 
habits, and life-history of the fur-seals, and the modes by whuih they 
are taken and killed, that is to say, substantially, all the matters ujton 
which questions of fact arise between the parties, are relevant only to 
the (juestion of concurrent regulations, and not to the claim of a prop- 
erty inters, st asserted by the United States. 

If this view be correct it follows that the treaty makes no provision 
by which the allegations and proofs of the one party ui)on controverted 
(pu'stions of fact may be met, considered, and overcome by the other. 
Lord Kosebery liimself is able to ])oint to no provision allbrding to the 
parties an opportunity so essential to the preservation of their Just 
rights, exce]»t that contained in article Vll, whittli dechires that, in the 
event that the arbitrators are called upon to consider the subject of 
concurrent regulations, "the i"e])ort of a Joint «'ounnission to be ap- 
l»(»inted by the respective governments shall b»' laid before them, with 
such other evidence as each government may sidimit." If this clause 
were to be interpreted as i)ermitting the ]»artiea to lay before th»', arbi- 
trators evidence i>ertinent to the sulyjectof concnnent regulations nfter 
the ex(^haiiges of the Cases and the Counter ( iscs (a view to which 
the United States does not assent), it certainly makes no jjrovision for 
the furnishing of such evidence hi/ the one piirty to the other, which the 
United States insist upon as the essential condition for the establish- 
ment of truth upon the disputed (|uestions of fact. 

When we observe the industrious care with which the Treaty pio- 
vidcs tor the furnishing of Cases and Counter Cases, the first designed 
to contain the allegations and proofs by which the resi)ective parties 
may wish to sui)port their contentions, and the last to enable them to 
nicet and overcome the proofs adduced by their adversaries, is it pos- 
sible to doubt that this provision was intended to cover the case of 
disi»uted nmtters of fact? 

I will not repeat the argument urged in my note of 8eptend)er 27, 
designed to show the unreasonableness of imputing to the framers of 
the Treaty an intention so iucom[)atible with the essential conditions of 
a judicial proceeding as that which appeal's to bo attributed to them 



li 




148 



DirL( )MATIO C(1K RlOSrONDKNCE. 



4 



by lionl Kosebory; but ajjain callinj,' the attention of ITer iNFaJosty's 
(JoviTUuicnt to tiic views exju'essed in that note, I ventiiro to snji'uest 
I'or the consideration of Lonl Kosebery that. when it api)ears by tiio 
treaty that in(bistrions care was taken to secure to eaeii party to the 
controversy a knowh'(lj;(i belbicliand (»f the aHe;j;ations and proofs of 
the other, to the end that a contest nii<,Mit be tiie more intellij>ently 
made and the real trutii more fully ami certainly established, it is not 
a sound method of inter[)retation to nuUily tlie elfect of that intent by 
attaehinfj^ larj^e importance to the mode in wiiich i)articular clauses of 
the document are oX])ressed. It would seem to be more consonant with 
reason and with the familiar i)rinciples of the interpretation of written 
docunuMits in such cases, t-o dispose of any ambiguous lan<iuaj;e in ]);ir- 
tieularclauses by a reeoncilinji' construction which will peiinit the known 
intentions of the franieis of the document to have their elfect. 

A^iplyiufi' this rule of interpretation to the casein cjuestion, 1" am of 
the oi>ini(>n that the i)artieular expressions upon whicii Lord Itosebery 
relies have nothing in them inconsistent with the plain intentictn <»f the 
franiers of the Treaty, as manifested by the main i)rovisions above re- 
ferred to, So far as tlie particular lanjjuage of Article vii is concerned 
two observations are to be made: 

First. Interitretinj;' this lan<>uaj>' > s it stands in theTreaty, and with- 
out referrinji" to any fact aliunde, it ippears to be ei^nally consist(Mit with 
either view. The point at which t le Commissioners [Arbitrators] are to 
consider the nmtter of 'oncnrrent re};uIations is fixed; but neither the 
time nor the i»oint at wh:» ]i the i'e])ort or other evidence is to bc^ lai<l be 
fore them is lixed. The intention may .just as well have been that this 
should be done in the Cases, and furnislied by the parties to each other. 
It is a freiiuent occurreiu'e in Judicial controversies that cases present 
alteinative aspects. Such instances do not call for separate hearinjjf 
and decision; but the evidence bearing upon each view is submitted 
at the outset, althougli it is well understood that in certain contin- 
gencies . irts of the allegations and proofs will not be considered. 

Sec(uul. As a matter of fact, what now stands as Article vii of the 
Tieaty was, in the same language, i)artof an agreement entered into by 
the diplomatic rejtiesentatives of the two nations before the treaty was 
concluded, and before the provisions in rehition to the ex(!hange of 
Cases were framed, It is easy, therefore, to see that all that was nec- 
essary at the time the Article was lirst framed and agreed upon was to 
l)rovide for the laying before the Arbitrators of their rejiort and other 
«'vidence, leaving tin* details of when and how such evidence should be 
seas(HmbIy furnished by the respective parties to each other to be there- 
after settled in framing other provisions of the Treaty. 

Touching tin- language of Article ix, relating to a contingency in 
Avhich it is contemplated that the reports might not be laid befor«' the 
Arbitrators, and which contingency Lord Itosebery sui)i)oses to b(^ that 
of a determination by the Arbitrators ui)on the live s[)ecial (luesticms 
submitted to them adverse to the United States, I b«'g to submit that 
Lord llosebery is clearly in error. The substance of Article !X was 
also endtraced in the agreement above referred to, which jtreceded the 
treaty and cieated the Joint tlommission. Although at this time it 
wasciuitemplated that an arbitration should be provided for, it was yet 
hoped by the negotiators on each side that a satisfactory scheme of 
I»rotection wouhl be agreed to by the Joint Commission. 

The contingency referred to was that of an imibility of the nuMnbers 
of the Joint Commission to come to an agreenu'nt satisfactory to their 
respective Governments, and not ii^> Lord Kosebery supposes that of u 



pk 



iiiiiiiiiiii 



RELATING TO INTKRPRKTATtON OK TREATY. 



149 



by tlio 
to tlio 
•oofs of 
iji'ditly 
b is not 
tent by 
uses of 
nt with 
written 
in par- 
s known 

I am of 

osebery 
n of the, 
K)ve re- 
ncerncil 

mI with- 
iMitwith 
■s] are to 
ther the 
hiid be 
;hat this 
L'h other. 
])resent 
hearing 
bniitteil 
contin- 
ed. 

I of the 
into by 
aty was 
an.ne of 
,vas nec- 
I was to 
1(1 other 
lonhl bo 
)e there- 

eney in 
h'ore the 

betliat 
kiestions 
[nit tliat 

IX was 
ImWmI thi'. 

time it 
I was yet 
(heme of 

liembera 
]to their 
Ihat of A 



I 



(leformiiiiition n|>on th«' five special (piestions a<lvers«> to tlie content ion 
of tlie rnited States. A communication from Mr. lUaine, one of tiie 
ne<?otiators, is appended iiereto showings the circumstances under whicli 
the antecedent aj^reement was made. It is believed that Sir Julian 
I'auncefoti^, the nej>(»tiator on the part of ller Majesty's Government, 
will not dissent from this statement. 

For the above reasons I can not concur in the reason in {; of Lord Kose- 
bery based upon a special consideration of the lanfjua^e of jtarticidar 
clauses of the Tr(>aty. If his interpretation of the Treaty is correct, the 
whole matter of tlu^ submission of evidence and of arj;ument as to mat- 
1:. ; atl'ectin^- the (pu'stion of re<;ulations is, as 1 have alrea<ly suj>- 
jxested, left without any prescription of methods or lindtations as to 
time. In view of the care taken in these i)aiticulars in the Treaty as to 
the Case and Counter Case and arj-ument, it is not to be sui)posed that 
such an omission would have occurred. The provisions made were 
plainly intended to cover all matters submitted. I sim clearly of the 
opinion that the clauses cited by Lord Kosebery, when properly ex- 
amined in connection with the circumstances umler which they were 
franied, contain nothing inconsistent with the plain general intention of 
the Treaty to secure to each ]>arty an oi>i)ortunity to meet and overcome 
the allegations and proofs of his adversary upon disputed (piestions of 
fact; and even if these clauses shcdd seem to contain matter furnishing 
some support to the views expressed by Lord Rosebery, a familiar rule 
of law would recjuire us to subordimite the inference they may suggest 
to the nuiin i)uri)ose of the parties. 

It is a matter of lVe(|uent occurrence where agreements come before 
judicial tribunals for interi)retati(»n that incongruitiesare found between 
those ])arts of a writing which express the nniin ])urpose of its framers 
and those which relate to subordinate details. Such incongruities are 
always disposed of by a reconciling construction which secures the 
main object which the parties had in view. 

1 entirely agree to the (»bservation of Ijord RoselxM-y to the elTect 
that the right of i)roperty in fur-seals depends upon (piestions of law; 
but I (Conceive that tlie precise (luestions of law (Mil not be known, and 
can not therefore be determiniMl, until tlie facts out of which tliey arise 
are known; and 1 can not concur with Lord Ilosebery in the view 
which appears to be entertained by him that the facts concerning tin^ 
nature and habits of fur-seals and the modes by which their increase 
may be made subservient to the uses of man without endangering the 
existence of the stock, are not pertinent to the claim of the United 
States to a property interest. On the contrary I regard these facts as 
in the highest degree important. 

Having thus expressed the views enr( rfained by the (Jovernment of 
tlie United States upon the argument of Lard Kosebery in support of 
liis interpretation of the Treaty, it remains for me to add riiat I am in- 
structed by the President to say that he ajjpreciates the spirit of e(piity 
and lilxMiility in which Lord Kosebery, while insisting upon his own 
inter|»retation, practically, to some extent at least, and 1 hop(^ fully, 
yields to the (l(»verninent of the I'nited States the benelit of its inter- 
in ttation, by furnishing to the latter the iSeparate l{ep(M't of Iter 
Majesty's Coniinissioners, with the ]iermission that the same be treateil 
as ]»art of the original Case on the part of (ireat Hritaiii. If, as I be 
lieve and assume, this Report contains substantially all the matter 
which Her Majesty's (lovcinnient will rely upon to sujjport its conteii 
tions in respect to the nature and habits of fur-seals and the modes ol 



150 



DIPLOMATIC CORRERPOXDKNCT!. 



J 



Pf 



capturirif? tlioiu, T (Mitertain a confultMit hope that all further (liHiciiUy 
Ti]»(»n the ./.lestions discussed in this note may be avoided. 

I deem it necessary, however, to say that the (roverinnent of the 
United States will, should oeeasion arise, firmly insist upon its inter- 
pretation of the treaty and that it reserves the right to protest apiinst 
and oppose the submission to, and reception by, the Arbitrators of any 
matter whicdi may be inserted in the British Counter Case, whicli may 
not be justified as relevant by way of reply to the Case of the Unit«Hl 
States." 

The President is further fjratifled by the readiness manifested by 
Lord liosebery to concur with the Government of the United States 
in respect to such extension of time as may be needed in dc^aling with 
the Report, of which he has furnislied a <!Oi>y. This friendly otter will 
be communicated to the Counsel on behalf of the United States, and 
their wishes will be made known to your Ije<Tati(m or the British 
Afjent. 

I have the honor to be, with the highest consideration, sir, your 
obedient servant, 

John W. Fos'jer. 

[Incloanrc] 

Mr. Blaine to Mr. Foster. 

17 ]\rAT)isoN Place, 

Wdshinffto)}^ Nnrcmhcr .S, ISOQ. 

Sir: After an arbitration had been resolved upon between the Am- 
erican and British (lovernments, a sju'cial correspondence between the 
])ei)artment of State and Lord Salisbury ensued, extending from early 
in .Inly to the middle of November, ISDl. TIu^ various subjects which 
were to be discussed and the i)()ints which were to be decided by the 
Arbitrators in the atfair of tlu^ Bering Sea were agreed upon in this 
correspondence. 

A month lat^r Sir Julian Pauruiefote, the British Minister, and my- 
self arranged the corresi)ondence and reduced the propositions and 
<'ount(^r-propositions to a memorandum whicii was signed by us on the 
ISth of December. Subsetpiently the questions whi(^li had arisen be- 
tween the two Governments conccuiiing the Jurisdictional right of the 
United States in the waters of the Belu'ing Sea were expressed in the form 
of a treaty concluded at Washington on the iiOth February, 181)2. This 
treaty was advised by the Senate on March 21), 1802, ratified by the 
President <m April 22, ratifications exchanged on May 7, and proclaimed 
on ]\lay D, 18{)2. 

In all these steps, inelurling the corres])ondence with Lord Salisbury, 
the memorandum concluded betw(>en Sirflulian and myself, and the 
treaty that was ultimately ])roclaimed on the '.)th May, 181)2, and which 
was negotiated by Sir.Iulian an<l myself, not one woi-d was said or inti- 
mated respecting the question now raised by tlu' British Government 
as to a seiMtndary submission of evidence after tln^ first live points set 
forlii in Article Vi had been decided by the Arbitrators. It was never 
intimated that any other mode of proceeding should be had than that 
which is expressed in Articles iii, iv, and v of the treaty. 

1 shall be surprised if Sir Julian Pauncefote shall differ in the slight- 
est degi'ee from this recital of facts. 

1 have the iioncr to be, sir, yimr obedient servant, 

James G. Blaine. 



fcl 



COMMUNICATIONS FROM THE AGENT OF THE UNITED STATES 
TO THE AGENT OF GREAT BRITAIN. 



IN RELATION TO ERRONEOUS TRANSLATIONS OF (CERTAIN 
RUSSIAN DOCUMENTS REFERRED TO IN THE CASE OF 
TUE UNITED STATES. 



Ilisbury, 
land tlio 
111 which 
or inti- 
h-nnient 
lints set 
Is nevor 
Ian that 

slight- 



LINE. 



\ 



Mr. Foster to Mr. Tupper. 

WASTiiNrrTON, Korrmhcr S, ISOS. 

Str: T doom it my duty to brinQ- to your attention, without delay, 
the Tact that it has been diseovore<l Ity nie that a number of the <loeu- 
ments beIonf>inf>' to the archives of the Territory of Alaska, now in the 
]>()ssossion of tlie Department of State, and referred to in tlie Case of 
the United States before the Tribunal of Arbitration delivered to you 
on Sejitomber 1 last, were incorrectly translated from the Russian 
langnase in which the originals appear. i>ithosraphie reproductions 
of tiie orij>inal documents are to be tound in Volume i of the Ajiitendix 
to the ( 'ase of the United States, following pajje 591, and Eujjlish 
translations of the same are given in Volume i, payes 49 to 90. It lias 
within tlie last few days been ascertained that some of these transla- 
tions are ineorrect, but to what extent I have not yet boon able accu- 
rately to determine, A thorough examination is now being made, and 
at the earliest practicable date 1 shall furnish you with revise<l and 
corrected translations and indicate the pages in the Printed Case of 
the United States where tlu^ erroneous translations have been quoted 
or referred to. 1 have, however, not been cont(Mit to await the residt 
of that examination, and 1 hast(Mi to inform you of the above fact, and 
to assure you that this announcement shall be followed by a more de- 
tailed statement with as little delay as ])()ssible. 

The nature of the errors refiMred to seem to nmke it certain that the 
CiovornnuMit of the United States has been grossly imposed uiwii by a 
])erson emi)loyed on the work of translation. What the motive for such 
imposition may have been 1 hav<^ no knowledge, and I forbear from 
any mention of my sus])i('ions. 

I have the honor to bo, with the highest respect, your obedient 
servant, 



.ToTTN W. Foster, 
Agent of the United States. 

151 









t'- 



I 



152 



m 



DIPLOMATIC CORllESPONDENCE 



Mr. Foster to Mr. Tupper, 



Washington, November 19, 1RD3. 

Sm: Under date of the 2d instant I advised you I'lat I liad discov- 
ered tliat a number of documents belonging to the archivc^s of Alaska 
and referred to in the Case of the United States before the Tribunal ot 
Arbitration were incorrectly translated from the Kussian language; 
and I promised to give you at the earliest practicable date a detailed 
statement of the erroneous translations and to indicate the pages in the 
Case of the United States where they are quoted or referred to. 

Before complying with that promise I deem it due to my Govern- 
ment and to myself to state the circumstances under which these 
translations were introduced into the Case of the United States. When 
I entered ujjon the work of preparing the same I learned that there 
existed in the archives' of the State Department a large collection of 
documents entirely in the Russian language, which had been turned 
over by the Russian authorities in the Territory of Alaska at the time 
of the transfer of that Territory to the United States, in accordance 
with the treaty of cession of 18G7. These documents 1 found to be un- 
<!lassifled and without indices. Desiring to ascertain whether they 
contained any information relevant to the work I had in hand, I made 
inquiry for a competent person to undertake the needed research. 
After considerable investigation my choice fell upon Ivan Petrott". I 
learned that hewas a native Russian, educated in St. Petersburg, 
that he had several times visited Alaska as an agent of the United 
States Government and had been in the employ of this Government for 
several years in responsible positions. He was represented to me as 
an accomplished linguist and the best-informed person obtainable in 
the Russian language and history, and I was also told that he had per- 
formed a large part of the labor in the compilation of H. H. Bancroft's 
History of Alaska. Having entire confidence in his capacity and in- 
tegrity, I intrusted to him the examinjition of the Alaskan archives, 
with the result shown in the use made of them in the Case of the United 
States and Volume i of its Appendix. 

Only a few weeks ago my suspicion was for the first time aroused as 
to the correctness of some of the passages translated by Petroff, and a 
careful examination has revealed an astounding series of false trans- 
lations. As soon as T was i)repared to do so, I brought Petroff into my 
presence and confronted him with the proofs of his infidelity and false 
translations. The evidence of his dishonest conduct being overpowering, 
he acknowledged his guilt in the presence of witnesses and signed a 
full confession, of which I inclose you herewith a copy certified to by the 
witnesses. The only motive which he has alleged for his conduct is that 
lie supposed by making the false translations and interpolations he 
would so ingratiate himself into favor and impress upon this Govern- 
ment the importance and value of the Alaskan archives as to secure 
his employment to classify, translate, and index that voluminous col- 
lection of documents. 

In making this explanation I desire again to direct attention to the 
fact mentioned in my note of the 2d instant that photolithographic 
reproductions of all the original documents, of which translations were 
cited or made use of, were intrcduced in Volume i of the Api)endix to 
the Case of the United States, following i>«^e 593, and that the British 
Government and its rej)io><*»utatives were thi a furnished with the means 
of testing the correctness of Ihe translations. 




hn 



RELATING TO ERRONEOUS TRANSLATIONS. 



153 



I now desire to {?ive notice as ajjent of the United States that I do 
hereby formally withdraAv from the Case of the United States in their 
entirety the original Russian documents hereinafter designated. These 
ilocnments are included in those referred to in the footnote to page 41 
of the Case of the United States, of which translations are given in 
Volume 1 of the Appendix to said (Jase, at pages 49 to 90, and facsimiles 
in the same Volume following page 593. 



Number of dooiimcut witliilrawn. 


Wlioro citnl in 

CUSO Ol' tlltl 

United Stutts. 


1 


Paget. 

43,44 


2 . .. . 


45, 40, 47 
47,48 


;t 


4 


48,49 


5 . 


Not cited. 


t; 


44,45 


7 


8 


41 


!) 


42 




53, 54, IH) 


12 


CO 


15 


02 


liicIu8urG to No. 20 - 


10:1, 1U4 





14, inclosuro. 
IG. 



I inclose herewith revised translations of those of the Russian docu- 
ments hereinbefore referred to which are retained in the Case of the 
United States, and beg to direct attention to the following pages of 
this Case, on which there appear falsified translations of iwrtious of 
these documents: 

On page Gl, of document No. 14. 

On pages 54, 55, of document No. 

On pages G2, 66, of document No. 

On page 67, of document No. 17. 

On page 67, of document No. 20. 

I have to advise you that I will send without delay to each member 
of the Tribunal of Arbitration du])licate copies of my note to you of 
the 2d instant and of the present note, and further that a jn-oper 
correction of the errors inserted in the Case of the United States will 
be made in the Counter Case and the correspondence relating thereto 
included in its Appendix. 

I have the honor, with this opportunity, to renew to you the assui'- 
iinces of my highest consideration. 

.TonN W. Foster, 
Agent 0/ the United titates. 



K>vern- 
■lecure 
18 col- 

to the 
raphic 

were 

Idix to 

British 

leans 



(Inclosure No. l.] 

Washington, November 11, ISOS. 

lion. John W. Foster, 

Jh'partment of State: 
Sir: You employed me during the ])ast summer to examine the 
Alaskan records or anihives on file in the State l)ei)artment, with a 
view to ascertainingVhether they contained infoiination which would 
be of use in the Bering Sea Arbitration. Upon my recommendatiim 
you ordered that certain of these records be translated. 1 hereby ac- 



154 



DIPLOMATIC CORRESPONDENCE. 



knowledge that I misled you in important particulars as to their 
contents, and that in making the transhitions I was gnilty of gross 
inaccuracies and interpolations, amounting to falsification. 

Ivan rETROFF, 
Translator. 
Witnesses to signature: 
W. Williams. 
John II. Haswell. 

We hereby certify that we Jire the witnesses above named and that 
the fcnegoiiig is a full and true copy of the original document to which 
we signed our names as witnesses. 

Washington, U. C, November 11, 1802. 

W. Williams. 
John U. Uaswell. 



flnolosiiro No. 2.1 



CORRESPONDENCE RELATING TO THE AFFAIRS OF 
THE RUSSIAN AMERICAN COMPANY. 



[AMENDED TRANSLATIONS.] 

No. 11. 

Letter from the Mlnhter of Finance {Department of Manvfaetvrcfi an({ Tn- 
ternal Trade) to the board of administration of the Human American 
Company. Written from St. Fctersburg April 3,' 1824. 

I have had a communication from the minister in charge of the Min- 
istry of Foreign Affairs in regard to the representation made by the board 
of administration, dated February 11, 1824, No. 73, concerning the per- 
mission to foreign vessels to enter the harbor of New Archangel for the 
pnri)ose of trading with the chief manager of the Eussian American 
Oompany only, in order to procure articles which are absolutely nec- 
essary. 

Count iCarl Vasilevitch has informed me that he has made a report 
on this subject to His Majesty the Emperor, and " that His Majesty, 
finding that the reasons which induced the board of administration of 
the liussian American Oompany to desire the renew.al of the trade 
which formei'ly existed in our colonies with foreigners are deserving of 
consideration, has been pleased to command that the carrying on of 
trade with foi-eign vessels arriving there be permitted in accordance 
with establislied regulations at one designated port." 

In notifying you of this jiermission of His Majesty the Emperor, I 
suggest that the board of administration, on its part, make the neces- 
sary arrangements to accomplish this objec^t. 

Lieut. Gen. Kanicrin, 

Minister of Finance. 
Sergei Uvarof, 

Director. 



AMENDED TRANSLATIONS. 



165 



No. 13. 

Letter from the Minister of Finmiee to the hoard of administration of the 
Russian American Companij. Written from tSt. Fetersburg September 
4, 1824. 

The communication of June 12, 1824, presented to me by the direc- 
tors of the company, containinji' their i-cuiarks on tlie conseqnenrca 
which may result frttni tlie ratitication of tlie convention concluded 
April 5, 1824, between our Court and the North American Kejuiblic, 
was communicated by me at that time in the orij>in{il to the minister in 
charge of the Ministry of Foreign Affairs. Having now received fnmi 
him tlie information that the recorded protocol of the proceedings of the 
special committee which examined this subject by imperial order has 
received the full and entire approval of His Imi)erial Majesty, I think 
it necessary to communicate to the board of administration of the Kus- 
sian American Company, for their information, copies of the above- 
mentioned communication of Count Nesselrode to me, and also the i>ro- 
ceedings of the committee of July 21, 1824, inclosed in it, together with 
a draft of a conununication to me, prepai'ed by His Excellency; whiiih 
was also read in the above-named committee and was left unsigned 
after it had been given final consideration. 

From these documents the board will see that, for the avoidance of 
all misunderstandings in the execution of the above-mentioned conven- 
tion, and in conformity with the desire of the comi)any, the necessary 
instructions have already been given to Baron Tuyll, our minister at 
Washington, to the eftoct that the northwestern coast of America, 
along the extent of which, by the provisions of the convention, free 
trading and fishing are ])erniitted subjects of the North American 
States, extends from 54° 40' uiuthwards to Yakutat (IJering's) Bay. 

Lieut. (Jen. Kankuin, 

Minister of Finance. 

Y. DllUHIIINlN, 

Director. 



No. 14. 



Abstract of commvnication from (Urnni Wcssrlrode, Minister of Fnreipn 
Affairs, to the Minister of Finance. Written from St. Fetersburg 
August 18, 1821. 

I deem it my duty to inform your excellency that TTis Majesty the 
En)j)eror has been graciously i)]eased to give his full and entire ap- 
]>roval to the oiunion of the majority of tliC members of the commit- 
tee appointed by His Majesty to examine the observations i)resente<l 
by the liussian American Company on the convention of April .5-17 
of this year, in which opinion your excellency was also jdeased to 
concur. 

Therefore, in inclosing with this a copy of the protocol of the deliber- 
ations of the committee, I have the honor to inform your ex(!ellency 
that instructions in entire conformity with the conclusions contained 
in that protocol have been sent to our minister. Baron Tuyll. 

I also inclose with this a draft of a communi(!ation to your excellency, 
written by me by order of the Emperor, concerning the complaints of 
the Eussiau American Company. 



156 



DTPLOMATIC COnUKsrONDENCE. 



J 






■ I li 



I diorisli tlio liopo tliiit this (lociunent will cnablo your oxccllency, 
in (■()iniiiiinic:iMii}j^ to tlu'. <Miin|»iUiy tlic i-eKolntion of His Iiii|)('riiil Ma- 
jesty, to prove to it that the Goveruiucnt lias never lost sight of its 
interests. 

[IncluHitro in Xo. 14.] 

rroccerlinfiH of the conference held July 31, 18S4. 

(^ount Nesselrodt^ opened the cont'erenee with a stateniont as to the 
ju'esent condition of tln^ matter intrustcMl by His Majesty tiie Emperor 
to the investi};ation of the assembled committee. 

He called attention to the arti(!les of the tr«'aty conclnded with the 
minister of the United States eoncerniu}? the northwest coast of Anier- 
ica and to the remonstrances whicli had been made against that act by 
the Russian American (jom])any in two letters communicated by the 
Minister of Finance to the Minister of Foreij>'n Ati'airs. Finally, he pre- 
sented a draft of a conununication which he intended to forward to 
Lieut. Gen. Kaukrin, in which were inclosed the rejilies of the minister 
of forei|j:n aflFairs to the al)ove-mentioued remonstraiu^es. This draft, 
having been laid before His Majesty the Emperor, has received the 
imperial approval; but Ills Imperial Majesty imposes upon the mem- 
bers of the committee the dnty of again examining it. 

After the reading of this document (which is annexed to the pres- 
ent protocol, together with the two letters from the Kussian American 
Company) the deliberations were opened. The members turned their 
(ihief attention to the causes of the fears expressed by the company, 
as well as to the reasons which s])oke in favor of the convention con- 
cluded with the plenipotentiary of the Washington Cabinet; and also 
to the means which the imperial ministry thinks best calculated to pre- 
vent all injurious and ixnjust interi)retations. The members of the 
conunittee agreed by a majority of votes to the following resolutions: 

1. That the treaty of April 5-17 confirms to Russia rights which 
have hitherto been called in question ; that by virtue of that treaty 
those rights are acknowledged by the Government which could dis- 
l»ute them with great advantage and violate them with great ease; 
that by it the undisputed i>ossessions of Russia are henceforward ex- 
tended even beyond those boundaries within which the Russian Amer- 
ican Company was reciuired under its original charter to carry on the 
trading privileges granted to it. 

2. That since by this treaty the strict i)rohibition of the sale of arms, 
munitions of war, and spirituous liquors to the natives of the north- 
west coast is put into eft'ect, the American Company acquires by it the 
])rotection which it has always valued so highly, but which it has 
hitherto never been able to obtain. 

3. That this last provisu)n is the more important, because such a pro- 
hibition, if pronmlgated on the part of Russia alone, would either drjiw 
upon her disagreeable consequences and the most unpleasant embar- 
rassments, or would not accomplish its object, in consequence of the 
lack of means necessary for the i)rovention of its violation and for the 
repression of prohibited traflrtc. 

4. That the treaty of April 5-17 contains another not less important 
guaranty, namely, that the Americans will not establish settlements 
on the northwest coast above 54° 40'. By this ])rovision all the settle- 
ments hitherto founded by the Russian American Company above 57° 
are jdaced on a firm basis, and it is ])ermitted to continue to found new 
ones under pariillels farther to the south. 



AMENDED TRANSLATIONS. 



157 



treaty 
uUl dis- 
ease ; 
iii(i ex- 
Ainer- 
011 the 



a pro- 
;r diaw 
enibai'- 

of tli«» 
for the 



5. That it is not less a(lvaiitaf;'eoiis to llnssia to be assured by a 
iinitiial and aini<'abl«' convention tliat after the expiration of ten years 
tiie subjects of the United States of Ameriea will abstain entirely from 
visitinjr the waters of the North American coast beyond r»P 40' and 
from lishin;,' and from tradinj? therewith the native inhabitants; for, on 
the one Ir.nnl, it would be im})ossible to snpi)ose that the States woulil 
voluntarily consent to sneh a con<'ession without any compensation 
whatever, and, on the other hand, all the wishes expressed t<> the im- 
perial ministry are thereby fullilled after the expiration of a certain 
period. 

(5. That as regards the intluence,however, whicii the treaty coueluded 
April 5 miji'ht exert on the trade of Russia with (Jhina, it must be ro- 
marke«l that in this trade on both sides a capital of riO,(K)(>,000 roubles 
is invested, and that the Hussian American Company parti(rii)ates in 
it only to tlie extent of .S(K),()()1> roubles, or thereabouts; that even if it 
bron},dit to Kiachta a lav<jer (juantity of furs, otter skins, and sealskins, 
it would not be able to «lisi>ose ot them, or wouhl cause material injury 
to other exported {joods by {^flnttiii;^' with its merchandise a market/ 
which is already very limited, owing; to the nature of its trade, and 
that consequently the treaty of April 5-17 can in no respect injure the 
trader of Russia with China. 

7. That as the sovereijiiity of Russia over the coasts of Siberia and 
theAleutian Islands has long been admitted by all the i)owers, it follows 
that the said coasts and islands can not be alluded to in the articles of 
the said treaty, which refers oidy to the disputed territory on the north- 
west coast of America and to the adjacent islands; that, even sup- 
l)osing the contrary, Russia has established i>ermanent settlements, not 
only on the coast of Siberia, but also on the Aleutian grouj) of islands; 
hence American subjects could not, by virtue of the second aricle of 
the treaty of Ajnil 5-17, land at the maritime i)laces there nor < arry 
on sealing and (ishing without the permission of our commandants or 
governors. Moreover, the coasts of Siberia and the Aleutian Islands 
are not washed by the Southern Sea, of which alone mention is made 
in the first artich^ of the treaty, but by the Northern Ocean and the 
seas of Kamchatka and Okotsk, which form no part of the Southern 
Sea on any known map or in any geography. 

<S. Lastly, we niust not lose sight of the fact that by the treaty of 
April 5-17 all the disputes to which the regulations of Septend)er 4-10, 
IHL'l, gave rise are terndnated, whicdi regulations were issued at the 
formal an<l reiterated retpiest of the Russian Anu»rican Company; that 
those disiuites had already assumed important proportions and would 
certainly be renewed if Russia did not ratify the treaty, in which case 
it would be impossible to foresee the end of them or their consequences. 
These weighty reasons impcHhe majority of the members of the com- 
nnttoe to state as their opinion — 

That the treaty of April .5-17 must be ratified, and that for the pre- 
vention of any incorrec^t interpretation of that act. Gen. Baron Tuyll 
may be instructed at the proper time to make the declaration men- 
tioned in the draft of the comnuinication read by C(mnt Nesselrode. 
The Minister of Finance and Acting State Councilor Drushinin, while 
adnntting the necessity of ratifying the treaty of April 5-17, express 
ami place on record the special opinion hereto annexed in the ])rotocol, 
to the effect that Baron 1 uyll should be instructed at the excluuige of 
the ratificatiims of thsit treaty to stipidate that the right of free hunt- 
ing and fishing granted by the twelfth article of the said treaty shall 
extend oiily fiom 04° 4U' to the latitude of Ci-oss Sound. 



158 



DII'LOMATIC CORUKSl'ONDENCE. 



Tlic iniijorlty «>r tim nienilMTsof tim comiiiittee roiild not butobscrvo, 
on tint oiiu lianil, tliat, as tlu; linssian AnuM'ican ('oiiipany lias tbiinilcd 
many settlcnuMils in Mu> said latitude, Article li of tin; treaty of April 
r»-l7 iiiwa it the desiii'd security on this subject: that even if it had 
sini|)ly orpini/.etl hiintinji;' and lisliln^ in those re^^ions it is extitMnttly 
doubtful whether Anieri(^au subjeitts woidd undertake the expense 
necessary lor voyaji'es to those northern latitudes, in which they can 
enjoy their piivile^'cs for only ten years, and whetlier in that case they 
would (^\pose themselves to (bin};«'rous competition and would visit 
thos<'. waters for hnntin}4' and tishinn', where they had lon^: been anti<'i- 
l»ate»l by the company, as therti would be little hope for them of indem- 
nifyinj^f theinse,lves for their ex|»enses smd losses. 

lUit seeinji', on the other hainl, that the restrictions stated in the 
the opinion of the Minister of Finance and of State Councilor Drushinin 
put an eiul to all the <toniplaints of the Anuu'i«'an Company, the ma- 
jcu'ity of the members of the committee have found it necessary to in- 
ve8ti,yiite the nature of those restrictions, in order to ascertain how 
far it is possible to insist upon them without i)rejudice to the rij^hts 
and advantaji'es aciTuinj;' from the treaty of April o-lT. 

As the pntposed restrictions refer to two chief points lying under 
ditferent parallels of latitiule, inimelv: 

First. To Yakutat (llering's) l}ay,'uinler paraUel 5!P .U)'. 

Second. To Cross I5ay or Souinl (Cross Sound) under parallel 57^ — 
the American Company desires that subjects of the United States nniy 
not be i)ermitted to hunt or fish in those bays; therefore, the nuijority 
of the mend)ers of the committee resolve: 

That, as rej^ards the first of these points (Berin}>'s IJay), it lies in a 
latitude where the rights of Kussia have never formed a subject of 
dispute, and that this imi)ortant circumstance permits us to imdude it 
in tlu^ ^i'eneral declaration concerning the Aleutian Islands and the 
other northern places. 

That, as regards the second (Cross Sound), however, as it lies under 
tlie filty-seventh degree of north latitude, and consequently Avithin the 
limits of those islands ami regions to which Kussia's right of sover- 
eignty has been disputed, it is imjjractieable to apply the same rule or 
to base the claim, of wliicli it must be the subject, on any other satis- 
factory proof. 

That apart from this, in order to exhaust all the measures showing 
the care of the Government of His Imi)erial Majesty for the interests 
of the Kiissian American Comi)any, it is still possible to instruct Gen. 
Tuyll to use every effort to persuade the Washington Cabinet that, by 
a<;cepting this restriction relating to Cross Sound, it will prevent all 
unpleasant collisions between the subjects of the two powers. That 
Gen. Tuyll must not, however, make this last proposition until In^ is 
convinced that it will be accei)ted, and that it will not deter the (Jov- 
ernment of the United States from ratifying the treaty of April o-I7. 

This resolution Mas unanimously adopted by all the members of the 
connnittee. 

St. i'etersburg, July lii, 1824. 

NlOSSKLRODE. 
G. L. KANKlllN. 

Speuansky. 
Dm siiiNiN. 

POLETICA. 






u. 



AMliXDKI) TUAN8LAT10XS. 



150 



iit<)bs('rvp, 
IS louii(h>(! 
yof April 
I if it had 
extioiimly 

e «'X|M!IISl! 

tliiiy can 
t «'aso tlicy 
k(»iil(l visit 
LTii aiitici- 
lof iiKh'iii- 

twl ill tlui 
Di-tisiiiiiiii 
y, tliii ma- 
<aiy to ill- 
I'taiii liow 
the ri{4lits 

ill}' uuiUu" 



tates may 
J majority 

t lies ill a 
subject (»f 
[iiieliule it 
I ami the 

ics muler 
thill the 
of sover- 
le rule or 
»er satis- 

shoAvin^' 
interests 
uet Geii. 
that, by 
!veut all 
That 
til he is 
the (lov- 
)ril 5-1 7, 
s of the 



IDE. 
KltlN. 

■v. 



No. 10. 

Letter from the hoard of (uhninhtnitlon of the Eusslnn Amrriraii Covi- 
puny to Cdptuiii of thr Imperial ^ary of the SeeomI h'aiik Ale.randtr 
Hitch liudakof, avtimj chiif manayer. Written from iSt. I'cttrxbunf 
March ^0, lti53. 

From the dispatches of the board of administration, dat«Ml April Ili 
and November lU, 1S51, Nos. 52r) and 1 17(S, ami those of April i', May 
l.'{, and September li.l, iS-jlI, Nos. 447, OSli, and 1211), your excel leiuty 
will see that it has been one of the chief aims of the board of adminis 
tration to make the best possible arran<;'ement of the voya;;es (»f the 
vessels of the colonial Ueet, siniu^ of lati; that arran;;ement has been 
made without sullicieiit reference to the true interests of the company, 
and hence some vessels have frecpiently been kept lyinj;" idle in port, 
ami others have received such confused instructions tiiat they would 
often be unable to execute them all, or would return to New Aichanj^cl 
at the very latest and most dan^'crous time of the year. 

Hearinjif in mind the fact that the ap()roachiii}j;' voyajjfes of tlui colo- 
nial ileet are well arraiijjed, and that they are repeated evi-ry year 
with only sli{>;ht variations, the board of administration has found it 
])ossible and expedient to establish a rej^ular schedule for the v<»ya};cs 
of the colonial tleet, for the navif^ation of both the summer and winter 
months, and to transmit it to the c(donial jj^overnmeiit for its {•iiidaiice 
and execution, leaving it, however, to the discretion of the chief man- 
a};er of the coh)nies to deviate from this schedule on those occasions 
when, owinjif to local and unforeseen circumstances, it appears to the 
interest of the company to do so. 

In the i>erformance of the voyages of 1853 in the (-olonies there will 
be employed eight sailing vessels, of which the following are «»f the 
lirst class: The Cesareviteh, the Nicholas /, the Kadiak, and the ShcU- 
koff; and the following of the second class: The Mennhikoff, the Con- 
stanHne, the Okotnk, and the Taiiyns^ and, as in exchange; for the ship 
Cosarevitch, which has to be sent back from the coloiiii's in 1853, the 
ship iiS'i7/ia, of 700tons, which is now beingbuilt, will enter into the com- 
positicm of the colonial tleet of 1854 and will be sent to New Archangel 
in 1853. In the establishment of constant communications around tlie 
world the number of the company's vessels in the colonies will always 
remain the same, that is to say, in the summer months, from Ai)ril to 
October, there will be eight, and from October to April seven vessels, 
without counting the whaling vessels, the number of which, by rough 
estimate, will be increased to four. 

Hence the movements of the colonial fleet during the summer navi- 
gation, beginning in 1854, may be arranged in the following maimer: 

I. One vessel of the second class — lor instance, the brig Comtantine — 
must be dispatched from Sitka about theniiddleof A])ril with suj)i>lics 
for Ibe island of Atka, or Atta, and for the Kurile district, to bring 
goods from those islands to Ayan, where the vessel must arrive not 
later than the middle of July. By this same vessel there may bci dis- 
patched and landed the company's agents sent for inspection to Kam- 
chatka, where the vessel can stop on its passage from the Atka dis- 
trict to the Kurile district, without losing much time, at the most im- 
portant period for the Kamchatka trade, the middle of May; that is to 
say, by the time of the arrival there of the vessel coming around the 
world. 

On arriving at Ayan this vessel will be placed at the disposal of the 
governor of tlie port of Ayan to maintain communication with Tetrov- 
%\yi awtl W futwvii, uutil a Ycst^t'l luis bccu built specially fur that port, 



IfiO 



DIPLOMATIC roK'UKSPONDKNCK. 



lu 



lor voya^jjcs witli nHM-cliiUidisc^ and lor trade witli (lisliii; and the ollior 
ports ol'tlic 8('a. ()r()k(»tsk. /Vt Mic (Mid ol' Aii;;nsl, in' early in Sepfeni- 
l)er, tliis vessel will be sent hack with t,lie dispatches last received and 
willi floods lor the, Kanieliatka. trade, and will letnrn to New Arch- 
an;;e!, stoppinj; on its way only in the. Kiiriie district, if it- has landed 
an inspector there, and a(, the port of l*etroi)anlovsky. 

II. One. vessel ol" the. lii'Sl e.la-is, pruferahly the, one. which will come 
around I lie, world IVoni lOnropc tiiat year, will he, sent with the annual 
car;;<Md' <>-oods and with the sprinji mail direct to Ayaii. This v«>ssel 
must lie scMit eaily in May, iiiid in ih» event later than May 15, in order 
that it may arrive at Ayni by the tiiiu^ of the opeiiin}^' of the harlior at 
the end of June. On this vessel there, must \)v sent to th<' port of Ayau 
passenji'crs, if there are any, salt. Hour, and other earj^o, sjiecially for 
thai port and for the places (hqiendiMit upon it. This vessel will r<i- 
niain at Ayaii until th(M'ii<l of .Inly or the, early part of Auiiustaiid 
will return direct to New Arehanjm'l with tll(^ Siberian carj;o, tiie, prin- 
cipal mail, and with passen^'ers, if there slioidd be any. Diirint;' the 
stay ot' this vessel at the jiort of Ayaii t' j;'ov<'riior of that port must 
be allowed, <»n extraordinary occasi«»ns, to employ it for the transpor- 
tation of men and ;;<»ods to I'etrovsky, and tiierefore iuslruetions in 
I'oiiformily with this must be ^ivcn to the captain of this vcissel. 

III. A second class vessel, a, fast, sailer — for instance, the ship 
j}tnishil:i>(}' — with a naval crew and under tlu' command of a naval oHi- 
cer, will l>e sent at the end of April to <'ruise and to keep a watch over 
t he foreiji'ii w ha linj;- vessels in the southern part of IJeriii};" Sea and 
aloiij; the Aleutian j-roup. On this vessel will be sent siii)plies tor 
Copper and Uerinj;' islands, and als(» for Atta, or Atka, if it is found 
necessary and does not interfere with the movements of tlu^ liist small 
vessel (section 1 of this dispatch). On this vessel, also, in case ^)\' 
necessity, there will be sent inspecttus to the al)ove iiientioned islands, 
and <j;oods will b«' taken on it from there to New Archanjiel. This ves- 
sel must be kept eontinaally cruisiii!; throu;;hout tlie. district assi<<ned 
to it, and may ;;() into p(ut, for a v«'ry short time only, for supplies of 
wood and water. This eruis(>r must \isit tlu^ aboxc-mentioneii islands 
not less than twii-c every year; the first time for the delivery of sup- 
]>Iies, mails, and inspectors, ,,nd the second time to take <m boaid 
fioods, repcu'ts, and insj)ectors. This cruiser must bc! strictly forbidden 
to await the terminati(m of the inspection in p(U't, as has formerly i>een 
d(me, and if one and the same person is instructed to inspect two 
islands, it w ill be better to order the cruiser to visit those islands onco 
more rather than \'w idle in poit. The time tix<Ml tor the tcrminatiim 
of the company's crnisinj'' is that at which the foreign whalers leave 
r.erinji- Sea, viz, the last part of Auj-iist or the be<;inniii};' of Septeiu- 
Ih'I'. 

IV. The third and tburth vessels of the stniond class, namely, the. 
OA'o.'vA' and the Tuiif/us, will be designated to carry supplies to tll(^ forts 
an 1 islands of the lva<Iiak distri<'tand to the island of lii.!4a, and to 
brinji' ^oods from them. For the betttr care of the Kadiak district a 
])art of the supplies nniy be sent there by one of the lar^'e or small ves- 
si'Is early in the s|)rinj;', in the. aioiith of March. 

V. The second tirst class vessel is intended to supply the islands (»f 
the Unalaska district, the, I'ribilof Islands, and Fort Mieiiael, and tor 
tradin-;' with the natives on the coasts of llerinji: Sea, as also (»n the. 
coasts of Asia and America. As vessels may be sent t(» that ren'itui 
very late, this vess<d, after lakiiiu' in supplies for Fort Michael and the 
jjoods inteiided tor Iradin.n' with the savaj-cs may be dispatched some- 
wliut earlier, aud may ulsu carry lumber aud wood t'oi" the J'ribilof 



„ xxxnaaiKaHMMtfHHHIiiiMW 



ami:ni)i;i) translations. 



IGl 



tlic ofhcr 
M S('|)lcm- 
civcd ;iii<l 
ivw Art'li- 
liis liiiidcd 

will (toiiio 

he, aiiiiicil 

his vessel 

r», ill order 

liiU'hor iit 

it of Aynii 

I'ciiilly lor 

I'l will rci- 

11^ list and 

I, tlie. prin- 

)iiriii.!;' tlic 

port must 

>. Iiiiiispor- 

iietioiis ill 

ssel. 

tiio ship 

naval oiVi- 

vateh ov(U' 

H' Sea and 

ipplies lor 

t is lomid 

lirst small 

ill ease (d' 

(1 islands, 

riiis ves- 

assii>ne,(l 

ipplies of 

I islands 

y of siip- 

)ii hoai'd 

H'hidden 

erly been 

pect two 

iiids oiieo 

mination 

CIS Ieav(! 

ISepleiii- 

iiiely, thii 
the forts 
a, and to 
district a 
mall ves- 

slaiids of 
and for 

■<o on the 

|at region 
and tliu 

led soiih;- 

J'nbilof 



I'd 



io 



Isliinds an<l the, ITnalaskii district when it may se;',m necessary. Tho 
supplies and jtapers for the ahove named places may hi^ delivered on 
the way there, and the furs and tlii^ replies may I. ' rciM'ived on the re- 
turn vif^'ajje. As at the time of the voyaj;e to tiie iiortluMii i)ait of 
IJeriiji;' Sea this vessel will also do duty as a cruiser to keep watch over 
the forc!i<;n whah^s and th<^ 10nj;lisliiiieii, with re;;ard to the trade car- 
ried (Ml by them with our sava|:;e,s, it must in no event waste any time, 
and must l>e under the coiumand of a naval olVicer, and, if possible, have 
a naval crew. 

VI. The third first-class vessel will maintain eommiiiiication with 
( 'aliibrnia and tln^ Sandwich Islands, (tarrying' there lumber and salted 
llsh and briii;;'in^' to t hecolonii^s salt and other merchandise if the |Mir- 
chase of such appears necessary and to the, advantaj;e of the company. 
This vess(il must in no case waste any *ii>i<i in foreiji'ii p<uls, but must, 
immediately nl'Uw deliv<M'iiiy' the carjio I'lriiisluMl, if there is ii(» return 
car;;(> in readiness for it,, return to New Andiaiificl in l)allast. I'.iit tlu', 
cohmial ^■overmnent must iiiakc^ every exertion always to hav«^ a caif^o 
ready for immediate dispatch to ( -alitbrnia. (U- tlii^ Sandwi(;h islands, 
jiiiidiiij; itself by iiilbrmaticui received from the company's a^'eiit at 
San Francisco. Short reports (on the most impintant subjects) must 
be sent by this vessel on every trijt, to be forwarded to the board of 
administration. 

VII. Tlui fourth firstclass vessel will remain in reserve and <',aii be 
employed for carryinj;' salt to Kamchatka in siiilicient (piaiititii^s to 
last several years; for trans|M>rtiiij;' cargoes of iiiiniier to Calitbrnia; 
for the inspiu'lion of the cohmies by the (iliief manager, ete. In those 
years when it becoiii(\s luicessary to send to the islands of the Atka 
district mori^ lumber than can be <Mrried by a small vessel, the voyaji«^ 
(»rdered in sectiim .'{ of this dispatch may be assiffne<l to tli(^ larj^e ves- 
sel, and the small vc^ssel desij-iiated in that seciion may remain in re- 
serve or rectiive special instructions. 

******* 

In comiininicatiiii? to your exirelleiicy the above refjiilar schedule of 
the voya}>'es of the eohtnial fleet, the, board of administratioii respect- 
fully reipiests yoM, :!' luMiiterests of tln^ c(uni»aiiy reipiire any devia- 
tion from this schi (ImI*-, to take special care that the lar^c vessels, so 
far as possible may never remain idle in port, but may lie perpetually 
eiitja^'ed in vo) a^'C!' of advantaj;(^ to t!ic company; that the (;oloiiial 
seas, so far as possii>le, be visited in e'/ery part by the (iompany's 
ciiiisers, for the purpose of keepiii;^ watcii over th(^ forei;;iieis. and lor 
this I'lirpose, in j^iviiij;" instriictioiis to our cruisers, to conform yourself 
to tin; iiitendeil movements of the c,(»iiipany's whaliii.u" vessels, which 
«'aii also do duly as cruisers if tiiey iii'<' <'ariyiiij;' on their lishery in 
lierinji" Sea, arnl to provide that the company's vessels dcsinnatcil for 
\ isitiii,i>' the many islands of the ctdcMiies be, so far as pitssible, under 
the (MINI maiid of naval oifuMM'S, in order lliaf they may become ac(|UainteiI 
with the c,(Midili(Mi of colonial alVaiis and may j;radually lit themselves 
liir performing' the must important duties in the administration of the 
luiiMiies. 

V. POLITKOVHICY, 

I'rcsiiliiKj (Jfjlccr. 
V. Km Ti'Ki., 
A. IOtiiolin, 
"N. Knsoi', 
Uak'on Wijanckl, 
il/i'H'//i/-.v <>/ tho Hoard. 
123(51 -U 



IG2 



Diri-OMATK^ noitUKSI'OKDKNCE. 






m 



r;t 



No. 17. 

fsClter from ylapfahi of the First linnk and Knifjht Tran VasHilierifrh 
Furuhrbn, chief tiutiKiticr of the h'lissioti, Aiuerieaii e<>l(>nien, to Master 
llenzeman^ot' the imperial nari/. Written from the I'oloiiirsthum X'O, 1st; I. 

To Afaster Ih ir:emtii, of the Imperial IVarii^ Commanding the. Steamer 
Alexander the Strond: 

As soon as Mio sfciiiiKM' is (iiiilc ready to sail, I teqiiost yoiir •".xccl- 
leiH'v \o leave liiis port, and to earry ont the following insdnelions: 

I. To proeeed to the. K(Miai coal mines, and on your arrival there to 
liand Mus inclosed paekafi'e to tin* ^overin>r, Master of the Mines l''nrn- 
heliM, and to tak)> on the st<^ani(M as nineh coal as tlu^ space; (H;eiipied 
by your car^jjo permits. 

II. I'^rom lOn^lisli Hay i)ro(!ee<l to the island of St. Paul, whein-e, alter 
landiii}; yonr j»assen;;;ers, deliverini; the annual supplies, and lakiiifjf on 
hoard the snppli<'s lor I''ort Mn-iiael, y<M! will proceed to that fort to 
deliv«'r the su|>plies sent and to take in tlu'.re sneh earf^o as will he in- 
dicated to you by (iovernor Vachramesvoi. 

III. Leavinii' l''ort Micliael, ycni will direct yonr course to the island 
of St. I'aiil, where yon innsl immedialely take on board a. whole carfj^o 
of sealskins, supi)lies, oil, and seal nu'at, and, sto|>piii;^ on your way at 
the island ol' St. (!cor}fe to tak<; on board j;oods and supplies which may 
be r«*ady on the arrival of llu^ steamer, you will proceed to IJnalaska, 
ami, alter fninisiiin}j^ (Jovenior Vlasolf, on his rcMpiisition, with snp- 
pli(>s, oil, and seal nuMil, which you will brinj; (^.\pressly for that |)urp(»sei 
iVom St. Paul, yon will take in a. car;;() »d" siurh ;,n»o(ls as may be ready 
at Unalaska and then i»i'ocec«| to New Arciian^icl. 

IV. Duriuf; th<> time of your said visits to those places yon will listen 
to all complaints which may be presented to you, aiid, wit liout cominj; 
to any decision about them, you wdl report them to uu; on ^\.:;!ir a.nival 
at New Archaiij''el. 

V. .Vt Vovt !\richael two employes, KoshovnikoH" and Makurin, wiU 
be ])resented to you by (Iovernor Va(!hrainesvoi for punishment for 
violation ot (lovi^rnmeut rej;'ulations and for disolxMlience, and i there- 
fore atlvise you to punish each i»f them with twenty live lashes in the 
presence of the whole conunand of llu^ fort. 

V^I. The bishoi* of New Archan}4<'l, Peter, will j^o by the steamer to 
inspect the missicms in the north. I reepiest y(»u to show his levcrcncc 
all due attention and to comply with all his wishes. 

VII. Dnrin}? ,\our stay at r'ort Michael take on board the steameraa 
nnich wood as you possibly can and carry it to the island of St. Paul. 

VIII. If tin; ^'overnors of the island present to you employes who 
have served their tinu; for transj)ortation from the colonies, you will 
receive them (Ui boa'd the steanu'r. The cari)enter, Parfentef, must {^o 
from St. Paul to Sitka. 

IX. It has come to my knowh'd<j(> tliat two whaliiifj vessels had been 
sent this year from San Francisco to trade on the Pribilof Islands. I 
therelbre re(piest your excellency, dnriiij? the time appointed for yonr 
voyafi'e, to do duty as a cruiser on tin; exact basis of the instructions* 
herewith inclosed, which have been approved by the IOin|>eror. 

1 trust that you will execute the instructions jiivcn you to my satis- 
faction and that you will return without much loss of time. 

i\ list (tf the crew and passeiif^ers of the steamer is herewith inclosed. 

The is'^ue of rum to your conunand will be continued in aecordauco 
with existinj; regulations. 

•Tlioy aro not in the posm'ssioii of tho United States. 



I 



s 

I 



tfWriiiiiUI 



AMKNDKl) 'I'liANSLAI'IONS. 



1G3 



'assiUrriti'h 
(, U> Mnsltr 

lUVL'O, /^'''/, 

he kSteamrr 

your r^MM-l- 
iiclioiis: 
v';il Mkt"' to 
iliiicH I'lini- 
c(j oiuupu'd 

1hmic(,', hIIct 
(I liikiii;; on 
tliiit. Ibrt to 
s will 1)0 iii- 

I) llic. isl:iii(l 
whole, ciir^^tt 
your Wi»y at 
^ which iiiiiy 
o lluiiliiskii, 
1, with SM])- 
,h:it |)nrp(»so 
lay Ix^ ready 

)ii will listen 
li(»iit<'<tniinj^ 
><!!!>• ii.nival 

aknrin, will 
liishnient for 
and 1 there- 
ashes in tho 

|(^ ste;inior to 
is rt^vereneo 

Ici steamer aa 

of St. Tanl. 

nployes who 

jeS, yon will 

itef, must };■(► 

leis had l»e(Mi 
Islands. I 
led for your 

listinetions* 

M'or. 

l(o my satis- 

lith inclosed, 
aceordaiieo 



No. IH, 

Lrftr.r from (he Dip/irhnnit of ('omDincv. and Mnniifariinrn to fhc hoard 
of atliuiiiinfralioii of Ihr liiissiait A iiiiri<;aii. (Unnfiaini. Wriltni Jritin 
SI. I'ttcrshur^i June I'), /^o >. 

Tlic Imi|mi iai Oonncil, h:ivin<; ('((nsidered the reiircscMlalion made by 
Mie will) rej;ard l(» the revision of I he (diaitcr of the, Ifussian Amerirati 
Company an<l tlie oi'<^aiii/at ion of tln^ li'nssian American (colonics, Ity 
its resolution approved by the i'linpcror .Innc 1 I of this y«;ar, ha ■ recom- 
mended - 

'i'iiat tin' following princijial basis he ado|d,ed in the preparation of 
the new chart CI' of t lie liiissian American (!ompany and of the •■olonial 
m;!'ia<;emei)t . 

J. 'i'lie term of the |»rivilej;es, iij;hts, and obli;,Mtions of the comiiany 
c\|cii(ls to .laiinary I, ISSJ. 

* » ' « * • • • 

\'(II. 'i'he importation of all kinds of articles of industry find com- 
meice l)v Itussian ami lbici;fn vessels is made free at the jtoils of New 
Aicliaiij;<'l, on t lie island o( Si! ka ; at, St . Paul, on the island ol Ka<liak ; 
and iiereaflerai otlu'is where it will be ibiind lesiial)le (witli the; ex- 
ception (d' spirituous liijuois, powder, ami arms . 

I.\. With regard to the, impoitation of spirituous li<piors and theii' 
sale in liic eoloiiics, and also flic suppl.v iiij,^ tiie colonies with aim- and 
powder, it is recoiiiiiiciided that special re;;iilalions be adojded, which, 
without oppressin<i the inhabitants, will prevent the. al)use of tlicni, 
witii all their injurious e(uise(|iicnces. 

X\'. 'i'he piftsccution of every kimi of industry ((except the fur in- 
dustry) is peiniittcd to all the inhal»itant,s of the colonies and to all 
Kiissian snbjeels, wit hout (list iiicti(ui <n restriction. 

in r<'lati<ui, howc\er, (o the fur industry — 

i^'irsf. 'i'o secure to the ifiissiaii Ameiican ('omi)aiiy ."lit il January 
I. 1. SSL', the exclusive rij;lit t<» carry on the fur industry iiid the fur 
Hade with n t,he followinjr limits only: On the peninsula of Aliaska, 
leekoniiiff IS "ts northern limit a line drawn from (!a)»e Douf^lass. in 
Kciiia ilay. to I he head of Ijake Imiamna; on all the islands lyin;,' aloi,;; 
the coast, ot that |ieniiisula ; on the Aleutian, < 'omnia ml c)', and is ii rile 
islands and those lyiny in lieriiif^'s Sea, and also ahui},' the whole, 
ueslern coast <d" iJerin.n's Sea; but to revokes in the district to the iioi tli- 
casl of the, peninsula of Aliaska aloii;,^ tiie whole coast to the boundary 
of tli(! iJritish possessions, also on the islands l\in;^' aloii;^ this coast, 
includin}f in that number Sitka and I Ik; whole Koloshiaii Andiipehiiro, 
and also, on land, to the northern extieinity of the American continent, 
llie pri\ilc-i' j;ranted t" the company of the exclusiv*- luosecut ion of 
the said industry and trattie. 

Second, 'i'he colonial inhabitants and the •settlers who are |{ir-siaii 
.subjects residing;' permanently in the coUMiies. are permitted to caiiy 
on the fur industry, in eonforinit.\ with !!*•■' sjH-eial i-e^fiilatioii which 
must be adopted i\)V that purjtose, in those parts of the iJussian pos- 
sessi(uis where thee\(dusivc rijilit t<» tiie saiil ii.dii.>try is not leseivcd 
lo the Itussian Ameiican < !oiii I »any; all olliei' iviissian subjects are per 
III it ted only to trade with the natives in fur ;4dods, ,inil are not admit ud 

to a share in the fur imhistiy itsell. 

* • • • • • • 

A true co]»y : 

A. TiMKoVSICt, 

Vhiel' Clerk. 



164 



Dir iOMATIC CORRESPONDENCE. 



No. 19. 






Concerning the granting of a fourth charter to the Russian American 

Company. 

The fmporial Council in (lie DepHrtiiieiit of Imperial Economy and 
in general assembly, liavinj;- examine*? the communication of the Minis- 
ter of Finance on tlie subject of the revision of the charter of tlie Kus- 
sian American Ctunyany and the orpiniziition of the Itussian American 
(udonies, has adopted the following r( '.olutiou in nioditication and ex- 
planation of the jirineipid bases of the new charter of the Kiissian 
American Company and the organization of the colonies, recited in 
the resolution of the Imperial Council, approvedby the Emperor June 14, 
18G5: 

1. (In clause 1.) That the i)eriod of twenty years for the duration of 
the new privileges, rights, and obligations of the Russian American 
C<unpany be reckonccl, not fnnn January 1, 1802, but from the date of 
the (tontirmation of those privileges. 

2. (In clanse 15.) That the exclusive right of carrying on the fur in- 
dustry and the fur trade be secured to the company throughout the 
extent of the colonial territory; at the sanu', tinu^, with regard to the 
carrying on of the fur industry, lixed regulations must be adopted, by 
agreement with the Minister of the Imperial Domain. 

4. (In clauses 8 and 9.) Tiuit, while including in the new charter of the 
<!ompany the regulations concerning the opening of the ports of New 
Archangel, on Sitka Island, and St. Paul, in Kadiak, for free trade, 
those regarding the permission to carry on certain industries in the 
e()lonies generally, and those on the subject of the importation and sale 
of si)irituous liipiors in the coloiues and the supplying them with arms 
ami i)(»\\,,der, the recoinmendations now jtresentc:! bythe coujpanyon this 
subject be adopted, without permitting, however, the commercial nio- 
nojMtly wi)ich the conii>any has hitherto enjoyed to be coutinued iu 
force under any pretext whatsoever. 

Yekmakofp, 

Vivv.Dircctor. 

K. llADKTSKI, 

Chief of Dicision. 
True cojty. 

A. TlMKOVSKY. 



i 



No. 20. 
rroclamation. 

Notice is hereby given to all to whom it may concern that if, after 
reading this, they do not immediately leave Russian territiuy, and d(» 
not desist from prohibited trallic, they will, on the arrival of a Russian 
vessel, be seized ami sent for trial to New Archangel, Sitka, and their 
merchandise and shijjs, if such are found, will !)e conliscated. 

(liven at the jxirt of New Archangel, on tlicnorthwestcoasr of Amer- 
ica, this 8-20 September, 1804. 



AMENDE! TRANSLATIONS. 



165 



American 



•noniy a"<l 
' the Miiiis- 
)f the Kiis- 
i Anierican 
oil and ex- 
le Kiissiaii 
recited in 
'or June 14, 

duration of 
1 American 
the date of 

I the fur in- 
ii}^hout the 
>ard to the 
idopted, by 



larter of the 
uts of New 
■ free trade, 
^tries in tiie 
ion and sale 
ii witii arms 
my on tliis 
nercial mo- 
>ntinued in 



)FF, 

Director. 

SKI, 

Divinion. 



lat if, alti'r 
ry, and do 
fa Russian 
and tlieir 

II. 
u. of Amer- 



No. 21. 

Letter from the hoard of administration of the Jtiifisian Avieriean Com- 
pany to Alexander Andreinntvh llarauof chiif manafjcr of the Russian 
American colonics. Written from *S7. Peter Hburij April <l, la J?. 

In r('i)ly to yotir communication the board oi administration incloses 
iicrcwith an extract frcnn the report of the Kiaclita factory conccrni.i^ 
the lu'ohtabh^ trade in sealskins with the ('li'iicse at Kiaclita, and de- 
sires that you will make special etlbrts to send to Okotsk, lor Kiaclita, 
those kiiuls which are most acceptable to the Chinese. J)o not seiul 
any sea-lion skins. 

[IncloHiirc in No. 21.] 

Report of the Kiachta office to the hoard of administration of the Russian 

American Company. 

Febritaky 8, 1817. 
This factory had the honor, on February 1, to receive the instruc- 
tions of the board of adnunistration of the (!om])any (Xo. 71;"), of J)e- 
ccmber 1-i, 181(»), in which the board was i)lcascd to instnu't us, in 
(lisposinji; of the sealskins r 'ccived by the ship Stiroroff, to notice wliat 
kinds are ]>rized more hijf.ily than othcis. In rc])ly this factoiy has 
the honor to rei)ort that the sealskins received by the .shij) l!<urorojY 
and by the Constantine were dis^toscd of in a lot, but irom the accept- 
ance and demands of the Chinese it was observed that the 4.50 bache- 
lors and youiiji; bulls brouj^ht by the ISuroroff, which were not even 
called Californias, are valued by the Chinese at half as nuicli ajiain as 
the f?rays. The ba<^helois brought by the Constantine were lar better, 
as they value them at twice the ]>rice of the ji'iays; and the bulls and 
young" bulls received by the Constantine i^{'\\\ hijilier than the bachelors, 
although the hair on them is coarse and not tit for use. They are large 
and on the flesh side are very good. Th( y are of a yellowish-white color. 
The Chinese pull out the hair and only leave the down, which they dye, 
and they use them in that coiulition. The grays brought by the 



i 



-•"•V '••-" ^... ... ... .«... .......v.. ........ ^ ..„ ^.,._^., .^,.....^..., ~.J . ..,- 

Surorof are very clean on the ilesh side, but the fur is not long. 
They are thin and of leas value than those received by the Con- 
stantine, which, although they are not cli'an on the Ih'sh side, aii«i 
althougli they have a paler color and reddish spots, are larger and 
have longer and thicker fur. Our friends liave very sharj. e\ es for 
«|uality,an(l not less for si /e. They assort and measuii' tlwui to an inch, 
and lience they value those brouglit by the Constantine more higlily 
than those brought by the Surorojf, both bachelnrs ami gray». The 
scii lion skins received by this factory were shown them, bat, while 
tliey wer<' very gdod on the tlesli side, there was no down on them, and 
the hair was coarse, so tliat our friends will not take them at any 
price; and they only asked for two sea lion skins, which they intend t«) 
carry to Kalgan for Ww purpose of experimenting with ihem antl seeing 
whether they can not put them to some use. 

Demktki Kuznetzof, 

Manager. 

Vassili Joukof, 

Boolkeeiicr. 



IGG 



DIPLOMATIC CORRKSPONDENCE. 



I 



m 



No. 22. 

Jjt'tfcr from the hoard of fKhninistrafioH of the Russian Amrrican Com 
pniiji to Caplnin of the First lionk", ' Kniffht Adolf Carlnrilch I'Jthih 
lilt, chief manoffer of the Etissi Xiieriean colonies. Wril ten from 
>St. I'etersburjj March 8, 1843. 

Tlie board of luliniiiistratioii fully approves tlio aiTanffemciits for kill- 
iii},' seals described by you in disiKitch No. 287, of May {>, 1S42, and ix'i- 
inits you to institute on the Commander Islands and St. (l<'orj;e the 
(•lose, season which you propose. In {^jeneral, for the j^^reatest possible. 
l)reseivation of this i)recious animal, the board of administration re- 
(lui'sts you to adopt as an invariable rule the followinj;': To i)ro.s,i'ute 
the annual killinj? of the seals in such nnmner that tliey may not only 
not be exterminated on the rookcnies, but, on the contrary, may con- 
tinnally iiu-rease in mind)ers, that is to say, that the amount of tlie an- 
nual iiu'rcase may be always {greater than the number of animals killed. 

At the pri^sent tinu' the shipment of H),00() sealskins to llu.ssia e\ery 
year will be sullieieut to prevent a fall in pri<('s. 

VVrano.el, 
A. Skvkuin, 

N. I'lJOKOKYEF, 
N. KUSOF, 

Directors. 



I 



No. 23. 

Letter from the hoard of administration of the Russian Amrrican Com- 
pi'iiji to (U(f)tain of the Imperial Xart/ of the ISeeond R<(nli- Alexander 
Hitch Rudakof. Written from iSt. Petersburg April :i^x.', If^.j^. 

Seeinjj, from dispatches received from your exceUiMicy's predeeea- 
sois that the seals in the colonies aro rapidly incn^asinj!: in nund)ers, 
and foreseeiu}? a re}xular demand for them, the board of administration 
instructs you to make corresjKtndinj;' arranj>emeiits, in order that here- 
al'ter until further instructions the killing of seals may be i)rose(aited 
on all the islands which they fre(]u.mt to such an extent as may seem 
possible witlumt impovMisliu', tlie rookeries. Tlu^ rules for the pro- 
tection of the cows, etc., nuis* be observed as hcM'etofore. 

Oltlu' seals killed, 0,000 uuist. be sent every year^by way of Ayan to 
Kiachta, 10,000 to Shaujiliai, ar.d all that leimiin to St. Tetersburjif by 
the vessels jioinj; around the Moild. 

At th4» sanu' time the board ot' administration su<i,ir(\sts that ynu 
stop salt.ui; fl»' sealskins, as has been done heretofore, since it has a 
bad cliecl upou their salo. 

V. I'OLITKOVSKV, 

I'residiny Ojjiccr. 
V. KHIPI-'EL, 

A. Mtii<ii,in, 
N. KusoK, 

liAUON VVlUNaEL, 

Members. 



AMKNDKl) TRANSr.ATlONS. 



1G7 



rirnn Com 
'i-Hrli I'Jilto- 
r it ten from 



II ts for Ivill- 
kJ, iiiid pi'i- 
[i('<)r<;c tlie 
'st possible 
•it rat ion rr- 
» pi'o^. cuto 
ly not only 
y, may cou- 
t of tiic an- 
nals killed, 
iissia every 



VEF, 

Directors. 



No. 24. 

Letter from the loard of administration of the Jivssuin Ameriran Com- 
panij to Captain of the First Rani: and J\hi</ht tStepan Vassilierileh 
Voyevodsky, chief manager of the Russian American colonies. Writ- 
ten from ISt. Vetersburtj April 21, 1854. 

Captain of the Second Class Rudakoff", in his dispatch .'?18, of May 
.'!(», isr»;}, reportiiij; to the boai'd of adininistnition the increase of seals 
on the island of St. Paul and tiie. arranj^eiiuMits nnidc by him, in con- 
seipienee, with rej^ard to kiliinj^ them, incpiiresof the board of adniin- 
istrati()n what number of them must bo killed in future and what kinds 
are i)referred. 

In rei)ly the board of administration respectfully recpieshs your ex- 
c.cllen<!y to order that bachelors be killed in preference, the ohler the 
itt'lter, as the |»urchasers prefer large skins. Hence snniU seals nuist 
l»e killed only in such numbers as are necessary for obtaining oil to 
supply the dennin<l; and, as at the present time the dennmd for seal- 
skins has consid'. nbly decr(!ased, they must be killed, as a rule, only 
in such numbers as will not affect tlieii- increase until a;;ieater dennu'd 
sets in, for which the board of administration is making constant ex- 
ertions. 

V. Klupfel, 

Presiding ojfflcer. 
A. K'l'iioLiN, 
N. Kiisor, 

BAUON WllANGEL, 

Members. 



rirrin Com- 
Ate.vaiider 
53. 

i l)redecea- 
nuinbei's, 
inistration 
that here- 
)rose(!uted 
may seem 

uv tlie pro- 

•f Ayan to 

'I'sburg by 

tlnit yau 
•e it has a 

icv, 

Ojjiccr. 



EL, 

I embers. 



No. 25. 

Letter from the hoard of administration of the Russian A meriean Company 
to Captain of the IScronil h'ank Priiiee Maksutof chief manayer t^f the 
Russian American colonies, }Yritten from Ht. Vetersburg Norcmber 
cS', 1851. 

At present the sale of sealskins has risen to 43,000, namely, 20,000 
to 21,000 at New York, ir>,000 to 10,000 at St. JN'tersburg, and 5,000 to 
(»,(i(i() at Irkutsk. They must beof the best (luality; that is to say, largo 
anil medium bulls, youii,^ itulls, and bachelors. 

The whole (juantity sent to New York may be salted, but tlu^ jnir- 
cliasers re<piest that in salting them tln^ oil be removed from them as 
carci'iilly as ])ossible, for the better ijrescrvation and for the further 
(licssing of the skins. They nnist be sent there by way of San Fran- 
cisco, preferably, to complete the cargo«'S of vessels going to New York, 
because by tliis arrangement the delivery of them will «ost nnich leKs. 

Only dried sealskins are in demand at St. Petersburg, and they must 
be sent there by our own vessels going round tlie world, or, in the 
abseiu'e ot these, by way of San Fraiu;isco or Victoria; but ])rel'erably, 
til complete cargo on vessels going to London, to Mr. Pelly, or to 
llanriiurg, to Mi'. Sturm, for further dispat -h to their destination, as at 
San Fiancisco it is impossible to find a vessel with cargo going to St. 
Petersburg or Krcuistadt, and it would be very expensive to charter 
uuo foi' that si)ecial i)ur|)Oiso. 



168 



DIPLOMATIC CORRESPONDENCE. 



Only <lrip(l sealskins are in demand at Irkutsk, and tliey ninst bo 
sent by way of Ayan. 

The board of administration therefore re(|uestsyou to make iirranj^fe- 
nients so that in futnre, until there is a jtossibiMty of inereasint;' tlie 
demand for sealskins, about as many as 5(1,000 may be killed in the 
colonies every year, of j^ood <|nality as al)f»ve directed, 4.'{,000 of whiidi 
will b(^ sent at tin* jtrojier time to their destination and the remainder 
kept in reserve at New Aichangel for tlie eontin<i'ency of a six'itial 
demand; aud, in order that those stored nniy not be injured by lyinjj 
so lony in the warehouses, you will make it a rule to shij) them the fbl- 
lowinj; year to Russia in exchange for the skins of the new eatcdi which 
will lemain in tiie warelnmsea. Furthermore, you will endeavor, so 
iar as ])ossible, to kill nom^ of the small kinds of seal; but if it is im- 
possible to avoid this, you are permitted to use them for clothing in the 
colonies, taking sjjecial care that they are not sold to foreign vi'ssels 
undressed. In the ojunion of the board of administration there will be 
no dilliculty in dressing them in the <!olonies, as there are many jieojde 
there in need of woi'k, esi)eeially in the districts, to whom this would 
furnish the means of earning something. 

At the sanu^ time, in order to find a market for small sealskins, the 
board of administration requests you to endeavor to introduce the 
use of them among the savages in the north, with whom they might 
be exchanged for furs, the aecpiisiticm of which would be of great ad- 
vantage to the company. In doing this we have chiefly in view the fact 
that by this means the savag<'S would accustom themselves to the use 
of sealskins fcir Iheir clothing, and thereby, so I'ar as ])ossible, the sale 
of them to foreign vessels would be i)revented. 

V. Klupfel, 
I'reKuiivf/ Offwcr. 

]Sf. TKnENKOP, 

V. Zavoiko, 

Memhcrs. 



No. 20. 



Letter from tic hnarfl of afhuinislrdtion of the Eusufan American Com- 
pany to (Japfain <>/ the Fir.st Hank and Kn'ujht Htepan Vas,sili<friteli 
V'oycvoihk}/, chief manayer of the Russian American colonies. Writ- 
ten from »S7. Peter.sl>arfi Jane /T, 1857. 

In reply to your excellency's dispatch No. 41, of Alarch 9, with re- 
gard to ship))ing furs to New York an<l Shanghai, the board of admin- 
istration has the honor to inform you that the annual demand for seal- 
skins in Ki'ssia has now risen to 10,000, r),000<)f which arc to he shipped 
to Kiachta. Only 2,000 river-beaver skins are required for Kia(dita ; the 
remaining number of sealskins, say u]) to 12,000 and more, ])referably 
salted ones, whi(!h are valued more highly there, you are instructed to 
send to New York to Messrs. Lobach «S: Shcpler in the autumn, imnu'- 
diately after the arrival of the vessels from the districts, without sub- 
JcM'ting them to any preparations at New Archangel, and leaving tin'm 
in the same condition and packed in the same way in whi(!li they are 
receivt'd from the districts. 

With regard to the river beaver skins the Imard of administration, 
although it has received information that the beaver skins have now 



\' mnst bo 

' siriiiiijifc- 
iisiiij;' tiie 
3(1 in the 
► oi' wliidi 
'('iDiiiiuler 
a 8i)cc,iiil 

by lyinff 
in the f'ol- 
Ivh wh'u'h 
Iciivor, so 

it is im- 
inj?in tlio 
fn vessels 
ro will be 
iiy j)e()i)le 
lis would 

ikins, tlio 
(luce tlio 
ley ini}>ht 
fficat ad- 
y the iiiot 
o tlio use 
, the sale 

OlJkcr. 

)F, 

■m'ocrs. 



\nn Com- 
■ iUcrifch 



h'itli re- 

ndinin- 

f'or scal- 

lii|>|iod 

ita; Uu! 

jforably 

Ictod to 

iiimio- 

lut sub- 

\}i tlioin 

('y are 

jration, 
re uow 



T 



If 



....^.^^.masemmm 



AMENDED TRANSLATIONS. 



IGf) 



fallon ill tlio inaik<'t at Xow Yoi-k to 2 r. 72 k. por skin, it still roquosts 
you, as the prices aro not liij^li in other places, to ship the said beaver 
skins (excejit 2,()(M(, which are needed tor Kiaehta) to New York witli- 
ont fail. The board Avill conininnicato to you heioatter conceriiinjj: 
further arran},'en»onts with rejiard to the beaver skins. 

l-'urthennore, the board of administration roipu'sts y(»n to send no 
other furs to New York, except, i>eiliai)S, white foxes, which have f;-one 
down to abuost nothing' at Kiaehta. You must send no furs to Slianj^- 
hai without si^ecial instructions. 

At the sauK^ time the board of admin istrsitiou also rofjuosts you to 
fiive stri(tt instructions to the canocmen [hiiUirldmin) to stop, as far as 
jiossible, killing the small juniy seals, and on no account to sliij) tlu^in 
from the colonies, because they jjreatly interfere with the profitable 
sale! of sealskins in Hussia and in the forei<in market, asthelarj^e skins 
alone are iu s|tecial demand and can be sold at {■ood prices. 

V. J'OLITKOVSKV, 

1* residing Officer. 
V. Klipfel, 

A. liTlIOLlN, 

M. Tkuenkof, 

jl/t»H/>cr.sv 



No. 27. 

Letter from the eliief mniinr/er of the Rwatinn Ameriean eohnies to the 
l}oard of adininixtnition of (he JiHssian American (Jompany. Written 
from the colonics October 7, JS57. 

CONCERNING FUR-SEALS AND BEAVERS. 

In reply to the dis])at(;hes of the board ot administi-ation (Xos. 035 
aud 050, of June 5 and 10 of this year), received September 7, 1 have 
the honor to report that in future the instructions with regard to seals 
and river beavers given in those dispatches wid be carried into due 
execution. ]3ut of th(^ sealskins uow on hand 1(),0()0 aro ])acked uji, 
\»iiii;li will be sent by the sliij) Cesareriteh to Kronstadt, 5,000 will bo 
sot apart for shipment to Kiacihta by way of Ayan, and the remainder, 
of which there will bo about 0,000 (leaving out tlio small gray sealskins), 
will be sent to Noav York, together with as many beaver skins as can bo 
collected after putting aside 2,000 of them for Kiaehta. 

The sealskins need no preparation at New Arc'iaiigel, but it would 
lianlly be su<'o to shij) tl.iem to New York in the same jiaeking (as di- 
rectcHl in the dispatch of the board of administration) in which they 
are received from the districts — that is to say, tied up only with straps 
ill bundles of several tons each — owing to the fact that they must boar 
transportatii>n twice across tln^ tropics and the (Mpiator. 

l^'rom iidbrmation received by mo fnnn Messis. Lobach & Slieplei-, of 
New York, they are Aory well satislied with the ]»ackiiig in which our 
goods Avore shipped thoro^ as they arrived in good condition; audit 
would lu'obably be better, in sending goods in the i>revious ])acking, to 
send omy one or two bundles as an exix'iiiiient in the packing in which 
tlioy are received from the districts of the colonies. 

Messrs. Lobach iS: Sheplor advise me, iu packing; the skins taken, not 



170 



DirLOMATIG CORRESrONDENCE. 



! .: 



to (loul)le them, bccuinso they break at tlie folds, by which advieo I will 
be };iii(le(l iu rutiiie in shipping jfoods arouiid the world. 

Tlie salting of tlie sealskins, wiiic-h was stopjx'd by order of the board 
of administration, will be recomnienced next year; but as the instrue- 
tions on this subject will reach the islands of St. Paul and St. George 
only in the summer of next year, it is impossible to guarantee that we 
shall be able to procure a sullicient quantity of salted sealskins next 
year. 

The experiment of salting the skins at New Archangel will also bo 
made. 

With regard to the small giay sealskins, I have the honor to express 
the opinion that only such a number of them have been killed hitlierto 
as was necessary to procure the oil, the demand for which, without 
sjx'aking of the unavoidable necessity of supplying the Aleuts on the 
islands and of shipping a quantity to Fort Michael for ex(!hange for furs 
with the savages there, is increasing in New Archangel itself, owing to 
the increased number of steamers and steam engines. 

The oil i)urchased costs very dear; hence, having in view the great- 
est i)ossiblo economy in the exj)enditure of money, I made arrange- 
ments on the islands of St. Paul and St. George to procure oil from 
the seals, and about 250 buckets of it have been received. The pur- 
chase of this quantity of oil at San Francisco would have cost about 
8,000 paper roubles. 

For the above-mentioned reasons, although I am making arrange- 
ments for stopping the killing of small gray seals, so far as possible, 
they being only fit to furnish oil and supplies of meat necessary for 
the winter, still, I find it necessary to respectfully request the board 
of administration to give me definite instru(;tions with regard to en- 
tirely stopping the killing of this kind of seal; but if the board of ad- 
ministration should sec fit, in consideration of the circumstances men- 
tioned, to permit me to kill so many of the small gray seals as may bo 
necessary to procure oil and supi)lies of meat f<»r the winter for the in- 
habitants of the islands of St. Paul and St. George, in that case the 
question would arise as to the disi)osition to be made of the skins of 
these small annnals. 

At the present time there are about 5,000 of them in the warehouses, 
and by taking 3,000 every year a considerable number may accumu- 
late in a few years, requiring a corresponding space for storage. 

I suggest that, if it is not yet expedient to send gray sealskins to 
llussia and to foreign markets for sale, then we might try the experi- 
ment of using them in the colonies for robes and overcoats, which, 
after being well dressed, might take the place of the common sheej)- 
skin coats. 

By way of experiment a few robes miglit be made of these skins, 
which so far remain unused in the warehouses. 

In conclusion, I have the honor to report to the board of adnunistra- 
tion that, from information which has now been received, the seal 
rookeries everywhere, and esi)ecially on thu island of St. Paul, have 
incieased to such an extent that all the places which they frequent are 
entirely filled, and there is such a need of room for them that it is nec- 
essary to increase considerably the number of seals killed; and this 
shall be done next year. 






.^ II ■HiiiiiriM 



vice T will 

tlio boiird 
Hi instriu!- 
it. Goorgo 
ie thiit we 
skins next 

ill also bo 

to express 
il liitheito 
1, without 
ats on the 
:,'e for furs 
', owin^' to 

the {jreat- 
{irriinj^e- 
[1 oil from 
The pur- 
est about 

arrange- 
possible, 
'ssary for 
ho board 
id to en- 
rd of ad- 
ces men- 
i may bo 
)r the in- 
case the 
skins of 

ehouses, 

accumu- 

te. 

skins to 
experi- 
which, 

ti sheop- 

e skins, 

liiiistra- 
he seal 
il, have 
lent are 
'' is nec- 
iid this 



AMKNDKD TUANSLATI0N3. 



Ko. 28. 



171 



Let fry from the chief man'Hicr of the liussinn Ameriran enloiiien to the 
lnKtiil (>J'iiilmiiiistri(lii>n of the liiotsiaa Aincrican Coinitanij. WiiHtii, 
from Ike colonics 'Jaiiiiary IJ, lH'jO, 

CONf'KUNING FUU-REALR. 

In ac.i'ordanpo with tlic- iiistnu^tions of the board of ailniinistrution 
•jiven in dispatch No. (*!)7, of Juno 5, 18.")8, received November L', be- 
sides tiie l(l,0(l(> sealskins ordered by previous instnuttions, l(>,(i(5l were 
sent by the ship Kainehntkn of those wiiicli had becMi prepared and 
])acked prior to tlic receipt of dispatch No. <>!)7 for sliipnient to New 
York, and theri^ still remain .'5, (101) diied and 1,17(» salt«'d skins, which 
will now be sent by the bark Kadiak to San Francisco, to be forwarded 
to M«'ssrs. Loba(!h tJv; Shepler. 

Witli rcf^ard to tliecpiestion of Hio board of administration as to what 
nnmbcr of seals may be killiMl evi^ry year in the colonies without det- 
riment to the ])reservacion of the s[)ecie.s and without impovci ishing 
tlu' rookeries, [ have the honor to report that, as is evident from the I'e- 
]iorts of the governors of the Pribilof Islands, where the principal seal 
rookeries are tbiind, and even those of the Commander Islands, the seals 
have increased in numbers on all the accessible places to such an ex- 
tent that the an^as occupied by them appear crowded, aiul it is evident 
from tliese reports that it would be possible to kill in all these i)laees, 
including the small gray seals, as many as 70,000, ami even nuu'e; but 
foi' this it would be necessary to increase the number of hunters and to 
furnish a sulUcient sup[)ly of wood to the Pribilof Islands for drying 
t!ic skins. 

It maybe said with certainty that no imi)overisliment of the rook- 
eries will appear for a h)ng time from the killing of as many as 70,000 
fur-seals. 



No. 29. 



fj/'ttrr from Captain of the Firs't Rank and Kniijht Tvan Vafisilievitch Fur- 
uhelm, chief miiH'Ufir of the liassian American colonies, to the Iward 
of administration of the RuNsian American Compamj. Written from the 
colonies May 13, ISOO. 

I have the lioncu- to present herewith a table of the skins procured 
last year from the districts of the colonies, from whi(;h the board of ad- 
ministration will see that 8;»2 moi-e sea otters were killed than in 18o8. 
1'liere has not been such a rich catch since 181-t, and this increase was 
owing entirely to the number killed in the Kadiak district, at Unalaska, 
and at IJrup. 

As regards the otter catch, the Kadiak factory has reported to me 
tliat the Chugatches, living at Fort Constanfcine, were permitted with 
tlie (consent of my predecessor to carry on this hunting, apart from tiie 
])arty sent out by the factory, in ]»hices known to t:hem alone; after 
their arrival at Ivadiak, however, with a very large number of sea otters, 
it appeared that in tlie summer of 18.>t) they had hunted in places where 
there was a close time, and where it will be necessary to send a party 
from Kadiak this year. After such an occurrence, unfortunately, 1 do 
not hope to have as successful results from tlie hunting as Hear Admiral 
Voyevodsky in the last year of his administration of the colouios. 



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172 



DIPLOMATIC rORPKSPONDENCE. 



80V011 liiindrcd and sixty more river boavers were killed tlian in 1853. 
Tlie yearly variation in the ligiires of this industry <lepe]id.s entirely on 
loeal (diniatic; causes, \vlii<!li I'avor the northern savages more or less in 
their huntin^^ This intrrease, as compared with the number taken last 
year, was gaiiH'd at Forts Michael and Kolmakovsky. 

Four Imndred and sev<'Mty more pairs ol'castoroums were taken than 
in I.S;"iS. Eleven thousand one hundrc«l and sixty fewer fur seals were 
killed than in l.S.")S, The j,'overnor of the island <>f St. Paul assi<,nis as 
the cause of tlu^ir decrease the lateness of the spring, owing to which 
the cows, in forcing tlu'ir way to the rookeries over the i(;e, lost their 
young. 

1 have sent Lieut. Verman to the island of St. l*aul to attend to 
various commissions and to put an en<l to some disturbances there 
arising from relaxation of discipline. 

rox.'s kill.'.l ill cxi-essof IH.-.X 1,113 

Wliitf loxcH ill I'XccsH (»(■ IHr>S 1, 171 

Lviix('8, lower l.liiui ill lHr>S 17S 

SalilcH ill I'XCfHs of 1S5S 219 

On Copper Island, according to the governor's report, the sea otters 
an^ increasing in nuiid>crs, and very strict orders are now given not to 
disturb them until the decrease of that animal in the government ol 
the island of Atka renders a <'lose time necessary there. 

Only 1 i)ood of walitis tusks was received. The governor of the 
island of Unga has rei)ort4'd to me that <m the northern side of the 
]»cninsula of Aliaska, in .Mollerovsky I5ay, tusks to the amount of 5(K) 
])oods were taken in the course of IH-jO-T)?, and were stored there. On 
my airival at Mollerovsky IJay, in 1858, the tusks which had been col- 
lected were missing, the walrus rookeries had been ruined, and every- 
thing had been burned. It is not known who stole the tusks, but there 
were found white biscuits, ])rovisions, a whaleboat oar, and the prints 
(»f boots, wiiicli i>roved that it was tiie whah'rs. 

J have the honor to report this to the board of administration 



No. 30. 

Letter from Captain of the First Class and Knif/ht Tran Vassilierifch 
Fiinilirliii^ chief tiudtufiir of the h'ussian Anieriean colonies, to the hoard 
of administration of the knssian American Conqxtnif. Written from 
the colonies Jnly PI, i<sY;,7. 

Noting, for innnediate exe(!ution, the contents of dispatch No. Ill, 
of .lanuary 31, isii3, from the board of administniti(Ui, I havi^the honcu' 
U) submit, for the Ixtard's consideration, tiie following estimates as to 
the cost of lU'cparing the dried and salted sealskins: 

KKliHIUEn FOR TIIK DUYINO OF SEALSKINS. 

ItnnliloA. 

Wood for pitcli 1, (MX) skins, 2\ fittlionm, iiiakinji flio t'ost, of oarli Hkin 2.S5 

l'"))!' tyin<; till' Itiinilio oC IIM) Nkiii.s, IL' arsliiii Nca-lion liiili; Htrii|i8 (a iiHMliiiiii- 
Hi/.<'il skill, wortli 10 k<)i>(<ck.s, yiulils Itl iiishiii HtrapH), iiiiikiii<r for uiii; Hkin.. . 10 

Total 2.!t5 

Or 03 

To tliis wo iniist add tlio pay of tlu; Aleuts for each bntliolor sealskin 75 

Tolul 78 



AMENDED TRANSLATIONS, 



na 



The frames are always pr<>pare«l in Sitka, and are sent lo tlic islainls. 
Their cost is not caleiihited, on account of its insi^'nificauce. 

REQUIRED FOR THE SALTING OF SEALSKINS. 

nntil)I<'i«. 

The ctslcH coiit'jiiii itii iivora^o of 73 HkiiiH mill coHt 3 loiibloH; tlio iron liiio|tN 
aixl t':iHt«-iiiii<;.s \v<>i<;li 17 poundH, iMmtin^ (i.SO roiihlcH, a total of II. St) 
ronblcH, making for 1 skin 0. 1(1 

Eur tliv ]>r<>liniinary rtaltiuK on tlio islands, ;{J ponnds of sail art^ usi'd for 
t'acli skin; durin;; tin* tinal saltinjir ^t Ntnv Andian;;)'!. S |ioods ofsall arc 
a«ldcd tu «!<ach cask of 73 skinH, iuakin<; 4.1 ponnds for each skin, a total of 
7.!l pounds of salt 7!t 

For tyiufi i-acli skin, li zol. twino ()2,\ 

For til'.) wt-ar and tt-ar of coopt'r's tools an<l iiiatiM'ial, approxiniatt-lv, for ••aili 
Hkin ' (H 

Total il8,', 

To this ninst bo added the pay of. the Alcnts for t'acli bachelor sealskin 75 

Total 1.7:{i; 

Concerninjj the processes emi^oye*! in tlie prepanition of tlie skins, ac- 
cording; to hotli inethoils, I have the honor to report to the board of 
administration: 

The dried sealskins are preparetl as foHows: Aftei' separatinj;' the 
skin I'rom the meat and ca'-efnlly removinji' tlie hlublx^r, the skin is 
stretched upon a frame, rem.ininf; thus until it is finally diied. After 
removinj; the skin from the franu^ it is folded twice lenjjthwise and 
pa«*ked in bales containiii}; from r»0 to Kill skins, acc(»rdinj;' to size, and 
iinally the bales are bound with sea-lion strai>s. 

The salted sealskins, in accordance Avitli Mollison's process, incl<»se<l 
in the di.spat«-h of the board of administration (No. .SI, of January L*"), 
1H(}()), are prepared in the Ibllowiii}; way: 

After the skins are removed and stripped of meat, they are strewn 
with salt and stacked in kenches with the others; later, when the 
laborers have more time, the skins are taken from the k«'iiches and the 
inner side of each skin is covered with a thick layer of salt. Aiioth<ir 
skin is lai«l on top of this with its inner side down. The ed<;<'s of the 
skins are turned up on the cmter side, so as not to let tin; salt fall out; 
they are rolled up into round bundles with the fur side out, and are 
stroiifily tied with seine twine. Afterwards these bundles are tied 
together in i)acka{,'es of from five to ten bundles each. 

Tlumgli the lab«>r of carryiii}; the skins on the shouhlers of nu'ii and 
women, the carryiiifr of salt from the beach to the salt houses, and 
later the carryinj^of the heavy salted skins from the warelKuisc to the 
beach, t») be loa(lc<l into baidaras for transmisson to the ship, is vei-y 
{•reat, still the i>rocess of dryiii};' presents still {•ri'nt^*''' dilliciillies on 
account of the constant fo<; and rain prevailing on the I'ribilof Islands. 
It may be positively stated that of the L*r),0(M) dried skins picparcd an 
iiuallyoii these islands, only one tifth can be dried in the open air. Tin- 
remainder are dried in sod Inui.ses, by means of llrcs, or in tli<^ liut.s of 
the Aleuts, which are already cramped and suffocatiii.y. For this rea 
son, and also on aecoiintof the dilliculty of obtainiiio' wood in •|uantities 
suflicient for the dryinj^of sealskins, the sait-ny, by the MoHi.son method 
ulfciH the greater udvautugo. 



174 



DIPLOMATIC COUIMvSI'OXDr.N'CE. 



W^ 



,!'' 



II 



Hh 



No. 31. 

Ldtrr from the chiff mnnarfcr of the Iiiissinn Antrrienn eohnt'cs to the 
manager of the island o/ ist. I'aid. Written from Sitka Majf 7, 7.sy;7. 

Your nqtorts, forwarWcd last year J»y tlio stcaiiisliip Consfantiiic and 
tlu^ baik rrinre Menshiknf have been reeeived, and in reply I <;i\e you 
the t'onowin^ instructions: 

An to Ao. ;.'!). — Last year you were instructed to fill reciuisitioiis of tlio 
inaiia;>er of IJnalaska Island in a certain contin^'ency. and instructions 
have now been jyiven to the manager of the ishind of St. (leorfje liere- 
after to furnish (Tnalaska with necessary sninilies. and your duties in- 
clude, as heretofore, the furnishing' Sitka and Fort Michael with supplies. 

As to Nos. oO, 31. — For want of space on the hvia Shvlikof I was 
unable to }j;rant perniissijui to Iraida II< iinan to visit tin' island of St. 
Paul this year, and for the same reastui I eould not semi you a cow and 
a bull. 

As to Xo. .12. — In my instructions Xo. 2V.) of last year I <letennim'd 
the nund)er of fur-seal skins to be taken by you in ea«'h year. By order 
of the board of administration 1 revoke said instructions No. LM!), as 
well as all i)revious instructions concernin,i> the catch of fur seals, an<l 
1 now <lire«*t you to take hereafter annually as many as 70,000 fm-seal 
skins, 2r),000 of which must be dried and the remaining ^r>,000 salted 
according;' to the new dii'ct-tions in your |>ossessi(in. 

You nuist take the 70,000 sluns now ordered to be i)repared only in 
ease no decreas»> in t\w, numbers of the animals is observc<l; otherwise 
you nuist immediately advise me for the purpose of haviu};' the nund>er 
reduced with a view t(> the preservation of the seals f(»r the years to 
come. 

As these instriH'tions will reach you late in tlu^ seastui, and as you 
will conseciuently be unable to prepare the whole (pninlity of fur-seal 
skins now recpiired, 1 have tore(|uesttliat you will endeavor to take and 
salt rot less than 10,000 skins durinj; the tinu' occupied by tin; trip of 
the Vi'ssel from St. Paul to Fort .Michael and back, and to put them on 
board of the vessel on her second visit to St. Paul. Last y<'ar you sent 
oidy 14,000 dried skins, whih^ the order was to send about 1'0,000. In 
future you must eiuleavor to strictly till the or<lers. 

As to Xo. ■)'/. — You will nsake a report to my successor as to the to- 
wards to zealous employes. He will probably visit your island in the 
eoui'se of this year. 

As to Xo. :i(i. — I thank you tor youretlorts in rejjard to the vaccina- 
ti<ui of the inhabitants, aiul 1 request that you will not neyleet the mat- 
ter in future. 

In re};ard to your recpiest for the admission of your son to the Colonial 
Public Scho(»l as a com|)any's boardei', I luivc to inform you that that 
school is not yet fully prei)ai('d f(U' tlie reception of boarders, and I 
tlu'refore advise y(Ui to place your son in the house of any (»f your sis- 
ters who are iu)W reeeivinji; pensions; your son, while livinj; at Sitka, 
can attend the school on the sanu! terms as all the newcomers who arc 
not the ('(unpany's pupils. 

The annual supplies are sent j'ou by the brij; Sheliknf,- unload tho 
cargo, and deliver to tho brij; all your skins and your repiuta. Besides 
this vessel, you will bo visited by tho steanu'r I'onstantine on her re- 
turn voyajje fvou\ Nusha<?ak; this vessel will brinjj; you about 2,500 
poods of salt, an<I jn'obably some lumber. 

I liavo ordered tho llussian skipper Archimaiulritoll" to proceed by 
this brij; toinspt'ct the island under your charyej you are therefore di- 
rected to comply with all his rei^uests. 



CASES OF THE PEARL, I.ORIOT, AND HARRIET. 



! 



i 



CASE OF THE PEARL.i 

Mcssrit. liryant and ^Jturgis to Afr. A<lam». 

Boston, April 21, 1833, 
Uoii. John Quincy Adams, 

Secretary of State: 

Sir: The brig Pearl, Samuel Cliandlcr, master, belonging to onr- 
selves and other citizens of the United States, sailed from this place on 
a trading voyage to the northwest coast of America in January 1>S22, 
and arrived at the Sandwich Islands the Ibllowing August. Illness 
compelled Capt. Chandler to remain at the islands, and Charles Ste- 
vens was appointed connnander of the vessel. The inclosed protest 
shows the subsequent proceedings. Our letters from Capt. Chandler 
state that the order to leave that part of the northwest coast lying 
north of latitude .51°, was a written one, both from the governor of 
the Kussian settlement at Norfolk Sour.d and the commander of the 
Kussian frigate. 

liy this outrage the voyage of the brig Pearl has been entirely ruined 
and her owners subjected to a very heavy loss, as the i>eculiar charac- 
ter of the voyages to the northwest coast require a <'argo and outfit 
not adapted to any other trade, and which must be totally lost it' wo 
are debarre<l from pursuing our original plan. 

Understanding that negotiations are pending with the Russian Gov- 
ernment, in relation to tlieir claims of exclusive Jurisdiction on the 
ncnthwest coavst, wo feel it our duty to m.'ike this communication to 
our Government, and do it with a conlident expectation tiiat a demand 
will be made on the Russian Government for inde.nnity for the heavy 
losses Ui which we have been unjustly subjected. 

We learn that the Kussian aiithorities on the northwest coast had 
taken measures to drive tiie other American vessels from that coast 
and are in daily expectation of hearing from them at the Sandwich 
Ishinds, to which tliey must resort. Having upwards of $li(M>,(M»0 
cnd)arked in the northwest trade, wo are deej)ly interested in the 
lesult, and can not but hope that (Jovernment will adopt such meas- 
ures as will secure us an indemnity for the immense losses with which 
we are threatened. 

With the greatest respect, we are, sir, your most obedient servants, 

BUYANT & STI'ROIS. 

'Tho (liicuiiKMith liorcinnftcr rofeneil to aio on lile in tlio artliivea of the Stiito I><r 
partiueut ut WuHbinj^tuu. 

175 



17G 



CASES OF Tin: PKAKL, LOUIOT, AND IIAKKIKT. 



I Iiicliiitiirv. 



Tiy this public dcclariition and |)r<)t<>.st, In; it known, tliiit on thiH 
twenty lourtli day of NovcuiImt. in fin* ycarof'nnr liord ISi'L', hcfnii' nic, 
.loiin C. .Fonvs, Jr., afjrnt tor the Unitinl iStatesat the Sandwich Islands, 
jK-rsoiially came and appeared Clnnles Stephens, master, Lenincl 
Foster, Jr., chief oflieer, and Joseph Hall, Jr., siu'ond ollict'r, of the 
bri^ or vessel called the Vcarl, of the burthen of one huinlri'd and 
seventy-six tons or theieabonts, beloiijjing t,, the port of Boston, in the 
I'nitcd States, who severally declared, that they sailed in the said brij; 
J'carl from llu' Sandwii^h lslan«lson theU.lth day of Anjiust, ISL'L', bound 
on a trading voya};'e to the northwest coast of America; that on the 
U>th day of Seplcnd)er they nuide tin' land Cape Onimaney, ami 
anclnued the same day at New Archanyj-l, the Russian setth'ment; 
that they were employed there |>reparin}>' tiie vessel to proceed down 
the coast till the LlOtli day of ()etober, on which day they received a 
|ieremptory order from the {jovernor of the port to immediately leavo 
the road and never a};ain appear on that coast. 

And the ap|>ear[ei|s di<l further declare that they were compelled to 
h'ave behind, spars, wood, etc., whii'h were on the beach ready for ship 
pinj;', and of the j^reatest necessity to the vessel, and for whicli no com- 
pensation was made. 

And the appearers did further <leclare that on the 21st day of Octo- 
bt'r they were boarded from His Imjierial .Majesty's frigate, the Apollo, 
and alter a minute exanunation ordered to leave the coast immediately. 
And, further, tlu' appearers did de<rliire that by the said ])roceedinj;s ol 
tlu' Russian (l(»vernment the lawful business on which they sailed has 
been entirely defeated and their voyaju;e ruined. 

7\nd, therefore, the said appearers di<l declare to ju'otest aj^ainst His 
Imperial Majesty the Kmpercu- of Russia, ajrainst the f>overnor of the 
Russian setMenu'nt at New Archunj;«'l, the commander of the Russian 
frigate Apollo, and all and every peison, subjects of Russia, who have 
molested, impeded, or luvventi'd the lawful trade of the brig I'earl on 
the northwest t'oast of America; that all losses, detriments, and damages 
that have or may arise to the said brig or owners by her being ttrdeicd 
from the northwest coast of Anu'ricaought to be accounted for [byj His 
Jmperial Majesty, or oflicers, to the owners or thost^ interested in the 
said brig /V<»*7, or to the IFnited Stat«'s (lovernment. 

Thus d(UU' and protested before nu'. at the Island of Woahoo, this 
twenty-fourth <lay of November, in the year of our Lord one thousand 
eight huiulred ami twenty-two. 

VVitness my hand and seal, 

(Signed) John C. Jones, Jr., 

U. S. C. A., ISttnilicicIt I.sl<(H(l8. 

VV^e, the undersigned, being severally <luly sworn, do severally make 
oath and say that the instrument of protest hereunto annexed hath been 
clearly and tlistinctly r(>ad over to them, these deponents, and that tint 
several nmtters and things therein contaiiu'd are right and true in all 
respects as the same are therein alleged, declai'cd, and set forth. 
(Sigu'd) CuAKLEs Stevens. 

Lemuel Fosteu, Jr. 
Joseph Hall, Jr. 

Sworn bef(M'c nui at the Island of Woahoo this 24th day of XoviMubcr, 
in the year of our Lord 1S22. In witness whereof I have hereunto set 
my hand and altixed my seal of olliee. 

(Sigued) John 0. Jones, Jr., 

U. 8. C. A.y ISanUwidi Inlands, 



P: 



T. 



CASE OF THE I'EAHL. 



177 



that «»ii tlii» 
,'2, bflMn' iiH', 
wicli Islaiuls, 
stt'i-, lii'iniu'l 
(Itiirr, of tlH' 
hmuln'd iuul 
iJoston, in tli«^ 
the s'.M lnij; 
t, IS'J'J, ImiiukI 
; that oil tlu' 
iiiiiiam'.v, iiinl 
M si'ttlniiciit ; 
profCiMl down 
licy iet'»'ivr«l a 
iL'diatfly h'avo 

a coin|H'lh'(l to 
iraily tor ship 
which no coni- 

t (lay of <><'to- 
itf, tlie vl/)o//o, 
it iniuiHlijitt'ly. 
prot'ftMlinj>s ol 
l»ey 8aiU'«l has 

L'st aj-ainst His 

lovi'inor of tlu; 

)f the Knssian 

issia, who havt; 

e Xmn Pcurl on 

s,and(lania;:«'s 

' l)oin}r onh'r«'<l 

od for Il>y] His 

ciesteu in the 

Woahoo, this 
one thousand 



NKS, .Jr., 
n-lch Inloiuls. 

sevi'ially nialu' 
lexedliath Ih'OIi 
s, and tliat tlic 
and true in all 
H!t forth. 

Stkvkns. 
FosTKU, Ji". 

lALL, .Ir. 

y of November, 
ve hereunto set 

►NES, .Jr., 
ivivh Islands, 



[McmorRiKlinn i>ri>iinrc«l by tlio KiisNiun MiniHlrr at WnitliinKUm.] 
For tlio Hiitionililo Mr. AiIiuiir' privnlo inrunnatluii. 

Aerordinj; to iiifornnitions, to which some credit seems to bo dtie, tlio 
]{nssian 'ukase' was ])\ibli('ly known at Boston as «'arly as DeeenditT, 
ISLM. The owner.sof the I'larl, which sailed in .lannary, IH'Jli, seem to 
have been not only fully a|>prise<l of the existence of this edict, but to 
have fitted her out exi)ressly to anticipate its operation ami to turn to 
their advantage the induljjeuce jjranted to a bona tide ignorance of th«» 
ukase. 

The American underwriters refused to pay the insurance, and were 
justilied in their refusal. 

The principal firm of Boston concerned in the northwest trade, and 
liaviuff now several vessels abroad actually ])rosccutin}r it, has lately 
olVcred to dispos«>, of the whole ot its stock so vested, ships and <'ar};oes, 
for the consideration of only 7 i)er cent advance on the original cost. 
Tliis linn ccmsistsof Messrs. Bryant & 8turj;es. The latter has beccune 
interested by purchase in the Pearl subsequently to her rettirn from 
her voyage. 

The origimil captain, who resumed his command at Woahoo and 
la-ought the Pearl back, has been, on his arrival at Boston. accuse«l by 
the owners of lu'farious and fraudulent practices, threatened with legal 
prosecution, and proved guilty in a (!ourt of arbitration. 

(Mfiiioran<liim prepared by Uryaiit ifk Sturgen. No adiln'ss.] 

The first objection nuide to the admission of «mr claim is, in snb- 
stiiiu'c, "That the owiu'rs of the Pearl fitted out that V(^ssel after being 
iil»prised of the existence of tlu^ Russia ukas«^" Not having been orig- 
inal owners of that vessci, we cannot assert that such was not the fact; 
Itut we think the <'ircuirist:inces of the outfit and voyage most coij- 
clusively prove that the owiu'rs could not have be«'n aware of the pro- 
visions or even the existence of the Russian edict at the time the voy- 
age was c<nnmenced. The ukase received the sanction of His Imperial 
Majesty in September, 1821, and it was made known at St. Petersburg 
ill October following, but was not communi«'at«'d to our (Jovernment 
until Febriuiry, 1822. The Pearl was purchased an<l j)reparation8 for 
lier voyage began in November, 1821. She sailed from Boston in .Jan- 
uary, 1822, and in October of the same year arrivetl at the jxjrt of 
New Archangel. Had the /V«»7 been "fitted out expressly t(» antici- 
pate the operation" of tlu^ ukas*', is it probable that the first port slio 
visited on the Ncu'tUwest ('oast <tf America W(mld have been omi 
known to be in the possession of the Kussian (Company, and wheie ofii- 
cial notie«'. of the ukase wimhl of course b<^ given, and its i)rovisions 
cnlon-ed? Would not the <'ommander of the iVaW have av<»ided all 
coiiinuinication with the Russians, and, trading only with tlu^ native 
iiiliabitants on other parts »>f tlu^ coast, have pros«'cuted his voyage in 
<oiiiparative security! Jn the original instruction from tin* own^'rs of 
the Pearl to the commander no .allusion is nnule to any interdiction of 
trade! on the Ncu'thwest Coast; but he is exjjressly directed to visit all 
ports and places where an advantageiuis trallic could be carried on. It 
is highly improbable that any nierchant, having kiu)wledge of the Rus- 
sian edict, would have given such instructions. 

It is stated that " the American underwriters refused to 'ay the in- 
surance atul were Justified in their refusal." Payment has never been 
denuindetl from the underwriters. An inspection of our policies of in- 
123()1 12 



ir r- 



178 



CASES OF THK PKARL, LOKIOT, AND IIAKKIET. 



I? 



Hiiriiiicc will show that the loss on the voyajife of the Penii is not ono 
for \'hich insurers are ever liable — it is the, loss of a market. Had tho 
coni.uander of the Pearl, disrejjarding the warninj; of the Russian 
authoritieis, remained on tlie Northwest Coast, and the vessel b>»/en cap- 
tured aud confiscated, then the underwriters would have been liable, 
aiul the loss would have been paid. 

To the assertion that we " have recently ollered to dispose of our 
whole stock in the nortlnvest trade, at an a<lvance of only 7 per cent on 
the ori{^inal cost," it mij^ht be a sulUcient reply to state, in the most 
explicit terms, that no such otter was ever made, or autli<ni/.ed, by us; 
but, in eorroboratii>n, we adduce the fact tliat, from the year 1815 to 
the present tinui, we have annually fitted out ono or more vessels for 
tlui northwest trade, an<l that excei>t in one «'ase, where the vessel was 
totally lost by shipwreck, no voya{?e of ours has terminated with less 
than 50 per cent profit, and in several instances more than !H) per cent 
has been realized by us. The prospect for some of our vessels now on 
the N[orthJW[est] Coast is so flattering that we doubt not but that moi-o 
than 50 per cent could not be obtained on the first cost of vessels and 
carffoes. There was a time when we should, ])erhaps, have been dis- 
posed to have sold our interest in this trade at less than the origimd 
cost. It was when wa apprehended tiiat the interference of the lius- 
sian authorities might occasion the same ruinous consequences in other 
cases, as in the case of the Pearl. 

The misconduct of the master of the Pearl, for which he Wtas held 
accountable on his return, had no relation to the question here at issue. 
lie was prosecuted for some petty acts of dishonesty aud for a viola- 
tion of his contract witli the owners in regard to private trade at tho 
Sandwich Islands and elsewhere. 

In the statement which we made some time since to the Department 
of State relative to our claim, all the facts within our knowledge were 
set forth, and the estimates then made were just and reasonable. Wo 
are extremely solicitous t-o have the business brought to a close — all wo 
ask is to be indemnified by the Russian Government for the loss actu- 
ally sustained in consequence of the interference of their otticers with 
our lawful pursuits. 

Beyanx & bxuiiGis. 






Mr. Middleton to Mr. Adams, 

St. Peteusbubg, April 23-May 5, 1834. 
Sir: At tho moment of signing the Convention of 17-5th April, I 
felt it to be my duty to remind Count Nesselrode of the claim I had 
nnide on account of tho interruption of the voyage of the brig Pearl. 
1 urged to him tho necessity of making compensation in a case th(^ 
principle of which might be now considered as settled in our favor. 1 
argued that theii* consenting to treat M'ith us resi)ecting limits upon 
that coast, and abandonitig in ])art their pretensions, i)rove8 that they 
hold no sovereignty over it. Tho act, tiien, of their oflicer in arresting 
a lawful voyage M-^as arbitrary, and just indemnity is duo for losses 
thereupon consequent. After slightly touching such further topics as 
I thouglit likely to produce the ettect 1 wished, I put into his hand, 
as a memorandum of our conversation, tho note verbale of which a 
copy (No. 1) accompanies this, lie read it, and requested that I would 
agaiu furnish him with tho documents 1 had formerly sent him relating 



;t. 



CASK Ol<' T!1K I'KAHL. 



17!l 



rl is not one 
M. Had the 
tlui Uussiiiii 
ssel b',eu tap- 
) bcou liable, 

i.spose of our 
7 per cent on 
!, in the most 
lorized, by us; 
year 1H15 to 
ire vessels for 
the vessel was 
iU'd with less 
in !>0 per cent 
essels now on 
t but that uuu-o 
of vessels and 
have been dia- 
m the original 
ce of the Kus- 
iicnces iu other 

cix he was held 
lu hero at issue, 
uulfor aviola- 
ite trade at the 

he Department 
nowledge were 
jiisonable. Wo 
, i\ close— all wo 
ir the loss actu- 
cir otiicers with 

& SxuilGiS. 



-May 5, 182J. 
|l7-5th April, I 
the claim 1 had 
[the brifj rcarl. 
in a case the 
lin our favor. 1 
Ing limits upon 
Voves that tliey 
[fer in arrestinti 
I duo for losses 
lirther tt)pics as 
1 into his hand. 
[ale of which a 
Jed that I would 
fut liim relating 



fo thi.H case, as thost- I ]i:i<l fmiiislu'd wi'ic not witliin his reach, the Km- 
jiciMr liiiving tak«'n my note of Novciiilx-r s. toyctiicr with its inclosuics, 
to l-'aislitM- Scls, sine*' wliicli Count Ncssi'liiulc iiad Iieiinl notiiing more 
olthcin. In coiifoniiity to liiis mmt'st. I sent the next «liiy fiesii <'opirs 
of the doiMuncuts in (|U*>stioii, reiiiicstiny" the fount's ciirly attt-ntion to 
tln'in. And yesterday I received a private letter, of wliicli ii ci»py is 
iirrcwitli s«'iit (Xo. -i.statin;^ tiiat (iencnii ISaroii dc Tiiyli is antliori/.cfl 
ti> ascertain l»y eonfciiiii;; with the American Secretary of State what 
miiy l>e tlic indeiiinity due to the snlVerers in tiiecase of tlic bri«>' I'mrl. 
I have tlie lion(»r to be, sir, most respectfully, your obedient servant, 

ilKMlY MlUDLKlU-N. 

To the Skorktaiiv or Statu. 

[Iiu'Iosiir.' No. 1 in Mr. XIi.Mlil..irs .lUpiitcIi, No. 36, of 23.1 April 5th Miiy, 1821. Vorlml nolf.) 

The minister of the United States thinks it his duty to rt'iniiul his 
e\c<'lleiu'y the Secretary of State, at the luointMit «)f si;;niiiii the t'oii- 
venlion, which is Just concluded, of the affair of the v<'s.sel i'dtrl. IJe 
hiis been aii.vious to av«)id every «'(»mplicat ion wliich mi.i,dit interrupt, 
the proyres.s of th<^ iM'jiotiation which has just been teruiinated, but at 
present it is ])ropcr to mention that, in confortnity with the orders 
which in^ has rccinved, 'u' oiijiht not withhold his protest against this 
iirl»itrary act of tin' IJus.siiiu authorities. 

It would be extiemely iigreeablc to tln^ minister of the United States 
to l>e ciud)l<'d to announce to his G«>vernment, by the messenger who w ill 
carry the Convention, that His imperial .Majesty, of his (»wn propt-r 
motion, ordered his minister at Washington to conci'rt with the Sec- 
retary of State of the United States what would bo a fair imlciiinilica- 
tiiiii to be given in the ease above mentiuucd. 

St. i*JiTEUsuL'i:u, 5tk A^n-il, i^^'/. 



[i:uLlu3uro No. 'J iu Mr. Miiidlt'lou'a disinUcli j:(i. 30, of 'J3 Aiuil 5 May, ISliJ. Vrrlial iiute.) 

H'rioate.] 

Count Xcssibvdc to Mr. Middlcton. 

Siu: I h.ave submitted to tlui Kmpcror the papers whi«'h yim di<l me 
I lie honor to «'ommunicat«' to mc relative to the claims wlii«h your (iov- 
enuiieiit made on the subject of the seiulingback of the American brig 
I lie I'lvrl. 

Ill our former eon fereiU'cs-F did not fail to impress ujion you, sir, that 
«e could not consider this claim as founded in right, nor recogni/c tlni 
l>iiiicipl(^ njion which it is ba.sed. The Kmperor's opinion has not 
(hanged in this regard. 

Ibtwcver, I have this day the satisfaction of informing yon that His 
Imperial Majesty, wishing to give the Clovennnentof the United States 
a new proof of his desire to maintain their relations of good under- 
^liiiiding and friendship, has just authorized Cieneral de Tu.vll toent«'r 
u|Min the subject of the affiMr in (iiiestiiui by conferences with the Se(t- 
ittaryof State and to c«»meto an understanding with him upon the 
aiiKMint of the indcmnilication which is wished to be given to the persons 
w lio.se interests nmy have betMi injured by the .sending back of the brig 
I'lurl. Our mini.ster at Washington will di.seharge this order, but he 
IS authorized to inform the Scciclary of State of the point of view iii 



180 



CASKS OF THK I'KAKF,, F.OKIOT, AND IIAHKIET. 



wlijfli llic l']iii|K>i'or SIM'S this alVair as to tli«> principle of ri;;lit, and fo 
(It'riarr ('spct-iall.v tliat His linprrial Majesty aci-cdos to tlu' wislii's of 
tlM'(iovcriini«'iit of tli(> I Jiiitrd States only with the view of evinein^ 
his favorable dispositions to eenient those, aniieahle relations t4) whieli 
the eonvenlion of April .1-17 April has just added new vahu'. 

1 have thehonorto be, with tiieiinist distinguished eonsiileration, sir, 
your most hunibhtaud obedient servant, 

Sr. PEiiiUsiJUKG, ii:j April, l^xH. 



CASE OF THK LORIOT. 



y^l 



I'i- i' 

•i 



On May 10, IS.'?"*, thei Department «)f State at Washinjjfon was 
olhcially notified by the Russian minister that th(> ten years trading 
jni\ile;;es upon the Northwest (!oast of America, wliieh were conferred 
i>y the treaty <tf ISJl lietween the United States an<l Russia, had conm 
to an end, and that the captains of two Ameiican vessels at Sitka had 
already been r«'(|nested to take notice of this fact.' 

On .lunt^ lit, is;{r>, the Secretary of Stat(^ wiote to the liussian nnnis- 
<cr, as follows: • * • uj .,„| jnstructetl to api)rise you that tin* 
President would prefer not to take any active measures to interrupt 
llu' commercial intercoiiise betwct'ii the l^niti'd States ami the Russian 
settlements on the Northwest iioast of America, unless, in your opinion, 
there is reason to believe that a proposition on the part of this (loverii- 
Hient for a renewal of the article refeired to would not be met in a 
favorable spirit by the {government of His Imperial Majesty at St. 
r«'tersbur^."- 

On .Fuly;U), lS;r», the Secretary of State notilied Mr Wilkins, the 
United States minister at St. lN'tersburiii.of the fore^oiiij;, and re(pu'sted 
him to endeavor to obtain a renewal of the ten year's privile;x<'s; which 
retpiest was repeated April 10, 18;J7, to Mr. Dallas, Mr. Wilkins' sue- 
eess<ir.'^ 

Soon thereafter there was received the news of the seizure by the 
liussians in the ;>reccdiii«; year of the brij; Lonot in a harbor situated 
in latitude dl'^'ut' north uixtn the Northwest coast, i. r., just above the 
soulhenimost limit of latitude r»P 40', n'ferred to in the treaty of ISL'4. 
The United States (Jovernnient protested vif^orously and clennuided 
reparation of the Russian (Jovernnient. its views are found embodied 
in the letter addressed by the Secretary of State to Mr. Dallas, May 4. 

is;?:." 

The material issues inv<dved in the case are concisely stated as fol 
lows in a leltt'r from Mr. Dallas to Count Nesselrode, dated March r>, 

'•Avoi<linji' a rep(»tition of details heretofore eiuimerated as well as 
theira,<;{rravatinjr iV'atures, theleadiiijjfaetsof reclamationarethat of the 
bri<;' Ijoriot, owned and <'ommamle<l by American citizens, saileil from the 
Sandwu'h Islainls on the lilld <)f Aujiust, l!S.'5(i, bound t^* the Northwest 
Coast to procure provisions and Indians lor huntin}»' sea-otter; thathav. 



!'■ 



' Sfiiatf^ I'^x. Due. No. 1, Tweiitv-liftli ( "on j^r'^s, third ecssiou, p. 21. 
tliis (lociiriu'iit will bo laid before tlio Tribuuul. 
* ll>i(i.,]t.-JC,. 
^Ihid., p. »). 

<///(•</., p. :i3, and Hritifib Caso, p. 80. 
*Ibid., p. 60, and Hrilish Case, p. 81. 



Tlic wliulv <if ; 



KT. 



CASK OF TIIK LoniOT. 



181 



ri;;li(, anU to 

till' wisln's of 

w of t'viiuiiiK' 

it)iis to wliiili 

value. 
si(UMatinn,sii-, 



asliiuKton was 
I y»'iirs traam^' 

\VtMT. (•nMlV'nt''l 

iissia, IkuI coiihi 
i-ls at Sitka had 

^ Uussian iiiiiiis- 
•iscyou that tht< 
irt'H to inttMrupt 
iiiidtheKussiaii 
ill voiir opinion, 

ofthisdovtMii- 
iiot bo met in a 

Majesty at St. 

,Ir Wilkins, tho 
jr, and n-qiu'stod 
)iivil('j;rs; wliirh 
,lr. Wilkins' sue 

soizuro by tho 

|i harbor situated 

., just above the 

|n' treaty of IS'Jt. 

and demanded 

t<mnd emboiUed 

. DaUas, May 4. 

[ely stated as fol 
dated Mareh T), 

lerated as w«'ll as 
lion are that of thr | 
lis, saih>d from thr 
<> the Northwest 
|i otter; thathav. 

1.21. Tliu whole of 



iTi^rinade I'orrestei's Ishind, she anelioied in the liaibor «»f Tuekessan. in 
l;ilitiith> ril r*.')' iiorlli; that no Hiissian estabhslinicnt existrd in lliat 
hat'ltor: that t days al'teiwaids iui armed bri;^of His linpeiial MajestyVs 
navy \\ent into the iiei;:liboi iii^ harbor, ealh'd 'I'atesUey, in hititnde 
.'tl t.'t' iioi'tii; that no Itiissian establishment e\isl«-d in this hitter 
harlior; tliat siie was boarded liyollircrs from tiie armed Ini;;, by whom 
inr eaptain was first or<h-red to h-ave the dominions of Itussia. and 
siiltse<|iienlly eoinpelle<l to ;;et under way and sail for the harlior of 
'faleskey; tliiit when off tiie harbor «»f Tateskey sin- was.in threaieiiiiij,' 
weatiier, refused permission to enter, and iteremptorily a<;;ain eoni- 
inanded to i|uit the waters of His Inipt-rial Majesty; • • • •" 

Mr. hallas eontinnes as tollows: 

•'The ri;;lit of the eiti/.ens of the United Hfjites to navigate the I'aci- 
lic (>i'ean, and their ri;;lit to trade with the aborii^iiial iiali\es of the 
Northwest coast of .\nierira. without the iiirisdi<'tioii of other nations, 
are rijjhts wliieh eoiistitnled a part of their indi'peiidenee • • • It 
is unknown to the undei'si;;ni-d that they have voluntarily eoiieeded 
these rij:hts, or either of them, at any time, thiou^^h the a;ieney of their 
;;overninent, by treaty or other form of obli<;ation. in favor of any eom- 
niunity. Yet he dednees from the eommunii-ation of His Ivxeelh-ney, 
after having; ^iven it the earefnl consideration t<» wliich every act from 
such a source lays claim, as the only <;round u|>oii which the reclama- 
tion on behalf of Captain liliiin is resisted, the proposition that the 
riiit«'d States, by the Convention of ISL'i yielded to His Imperial 
Majesty their rijjht to hold commerce on the expiration of ten years with 
the aborifrinal natives on the Northwest ('oast beyond the de;;ree »»f 
."•I ' !(►' north latitude. This jirojiosition. if established, is innpU'stion- 
alily fatal to tin' pi«'tensions of the master and owners of tin* Lorint. 
It bears, however, an aspect so detrimental to the interests <»f his 
I ountrynu'ii, and to their attribntes as an inde|)endeiit power, is so iii- 
( itnsistent with the past jiolicy and prin<'iples of the .American eal»inets, 
ami is withal of su(4i minor imi>ortance to the prosperity and ^^reatness 
<i|' Uussia, that the undei'si;;iied trusts its want of solid Ibundation will, 
on t'lirther reflection, be apparent and confessed." 

After discussing at lenjith the terms of the treaty Mr. Dallas con- 
tinues: 

"The uiulersifjned submits that in no sense can the fourth article be 
understood as iinplyin<r an acknowledgement on the part of the I'niti'd 
States of the rifiht of Russia to the possession of the coast above tiio 
latitude of r>4 40' north. It must of course be taken in eonneetion with 
tin' other articles, ami they have, in fact, no refen'm-e whatever to the 
(|nestion of the ri}j;ht of possession of the umtcciipied parts. To i>revent 
Intniecollisiiuisit wasaj^recd that no new establishment shouhl be formed 
liy I he respective parti«'s to the north or south of the parallel mentioned; 
!miI the question of the rij-ht of fwissession beyond the existing; estab- 
lisliinents, as it stood previous to or at the time of the convention, was 
Ictt untoiK'hed. 

'Hy ajjreeingf not to fcuMU new establishments north of latitude .>! W 
llie United States made no acknowledfjment of the ri,i,dit of Russia to 
ihc territory above that lim>. Jf snehaJi admission had been made. Jfiis- 
>ia,by the same construction of tlu' article referred to, must have erpially 
acknowledged the ri;;ht of the Cnited States to the territory south of 
the parallel, lint that Russia diil not so understand the article is eon- 
chisively i)roved by her havin;; entered into a sinnlai' avfrecinent in her 
subsequent treaty of l.SL'."» witli (Irea* Britain, and haviny, iu that in- 



1.S2 



CASKS OP TIIF, PF.Mtr,, I-OKloT, AXD ITAKHIKT. 



i 



II 



III 



KtiMiiM'iil. nrkno\v1rily:('il tlu' ri;;lit of possrssioii of (lio siiim* fcrrit.itry 
l>y (ii'ciil I'ltitain. 

'•'I'lu' I'liitrd Sliilrsciiii niily l»t' coiisidcicil iiili'iciit inlly iis liiiviii;; !«<•- 
kiMtwl«'(|;;'<'(l the ri^lit of liiissiu tt) iici|iiii't', altovi^ llic <l(>si<;'ii:itnl inrriii- 
iiiii, by iicliiiil i)n-ii|»iilinii, ii just rliiiin to iiii(ici-ii|ii«Ml liiiitls. lentil 
tliiir artiiiil (HTiipiitioii Im> liiki'ii, tli(> lirst article nt' the nHixnitioii ri'r- 
o;;iii/t'.s till' Ainnicaii ri;^lit Ut iiavi;;ati-, llsli, uihI trade, as prinr to jtM 
nf;;utiiitioii. Siicli is rsteeiiiiMl the true cMiistl'iictioti of the eoiiveiitioii ; 
the eoiistriietioii whieli Ixtlh nations are iiderested in allixin;;, as the 
iieiielit.s are e<|nai and nint.al, ami the i>'reat ohjeet Ih seeiired mI' r«>- 
nio\ in^ the exenise ol' a eoi.inimi ri<;ht from the danger of heeomin<>' :i 
dispute altont exelusive privile;;es. 

"At the hazard (»l" provin;;' ti'dioiis, the untlersi^ned has thus endeav- 
ored to convey to Ids excellency Count. Nesselrode tlu^ views sn'i;ncste<l 
hy his recent etunmuidcalion.'' 

Count Nesselrode ne\er took any notice of this not<>.' On Martdi !>, 
ls;{.S, ho\vev«^r, he addressed the I'nited Stales ministi'r, in part, as fol- 
lows:^ 

"The undersij;n(^d has had the iKUior to receive the note that Mi'. Dal- 
las, envoy extramdinar.N ami minister plenipotentiary of the I'nited 
Stales of Anu'iica. was pleased to address him on the l«!th (L'Sth) (»f 
Decemlicr relative to the proposition lu'cvioiisly hrou^iht forward by 
Mr. Wilkins to renew the fonitii article of iIm' conveiilitm of April "» 
(17), I.S2t, of which the ellect had been limited to a term of ten years, 
ami wliicii had cmiseipiently expired in is:il. 

''The desire not to deciiU> a (piestioii of t his importanee without a 
tlntroiiiih knowled;i(> ()f the subject did n<»t pei-mit the Imperial <lov- 
ernment to u'ive an opinion in relation to it until detaile<l information 
had been collected, as well in regard t<» the wants of the llussian estab- 
lishments in America as to the inlluence that tlu> state of thin};s secured 
by the fourth article had exercised there. * * * 

"The information then expected '>as sinc<^ reach«'d the undersij-ned. 
and it ap|iears that the execution o ilu' temporary provisions etmtained 
in the tburth article had not been unattended with serious inconveii 
iences, and that it has been really injurious to the |)rosi»erity of the 
Itiissian estaldislnnents on the northwest coast. The .ureater |)art of 
the foreign vessels which resort to thiscioast in virtue of the said stipu- 
lations have only made use of the iij;ht of tradinj^ with the natives in 
order to sell tln'in spirituous liquors, lin-arms, and fiiinpowdtjr. Acconl- 
iiijn' to the tenor of the fifth article, these articles were expressly 
exclmb'd from the trade, but expeiienee has ju'oven that this excilusion, 
and also the le<;islative im'asures by whieli the (bn'ermneiit of th«< 
United States soiifjht to carry it into etfect, were illusory, since by the 
same article the contractin.tr i)arties had <l«iprived tlicmselves of all 
means of controlliiifj the vessels which should visit these latitudes, so 
that entire carji'oes of rum, of firearms, and ammunition, have be«'n 
carried, without hindrance, into the Kussian ])ossessions and sold to 
the natives, thus necessarily endan<ierin<;' the jierms of order and civili- 
zation which the a;;;eiits ()f the llussian American Company have 
already sueeeeded in introducinji: amoiifi,- theses tribes. * * • 

" This state of thiiijis could not fail to occasifui complaints and remon- 
strances, which, the Imperial (Joverninent bein«j ever anxious for the 
])res<'rvation of its rolatiims with the United States, would alone, from 
that time, be an adequate motive to induce it to desire that the stipiihi- 

' Sen. Ex. Doc. No. 1, Twenty-fifth Cong., 3<l scss., pp. 71, T2. « Ibid., p. G9. 






;iii)<> tcrritiuy 

us IlllvillfT !H'- 

jiiiitrtl nn'iid- 
liiiHls. rmii 
HI volition mr- 
iis |»ri<ti' to ilH 
('(Mdivt'iilion; 
llixiii^', iis tlu' 
stTiirnl of r*'- 
oIlMM'oiiiiii;: ii 

, thus «'iiil«'iiv- 
I'ws siin;4t"*ttMl 

On Miivi'li IN 
in part, as fol- 

RtlintMr. l>al 
of the riiitod 
Kith C-'Stli) ("l" 
ilit loiwanl l»y 
on of April •"» 
n of ten y<'ars, 

anct' w itiiout a 

Iinp«'rial (iov- 

(>(1 inforination 

IJiissian cslab- 

thiiifjsstTiin'tl 

nndcisiunotl, 
ions <M>ntain«'<l 
jions inconvi'ii- 
jositcrity of tho 
liivati'f part of 
• tliesaitl stipu- 
tho iiativi's ill 
[\i\M\ AcA'ovd- 
ero. expressly 
thisoxcliisioii, 
inuiuMit of tlio 
y, since by the 
nisei ves of all 
,e latitudes, so 
on, have l»e«'n 
s and sold to 
eraiul civili- 
oinpany have 

nts and reninii- 
Mxious for the 
lild alone, from 
Lit the stipula- 









CASK 


OF 


Tiir, r.oRioT. 






188 


tlons n 
fialioi 

lltllll*!' 


ftho 
1, not 
\i liii-l 


fourth 
less » 
1 the 


artiele s 
lecisivi'. 
iiiiiM'i-ia) 


hoii 
lu'n 


d not he renewed 

presents itsrif; 

i'<'i-iiiiii>iil. is iiho'i 


. r. 

this 
•il to 


lit another 
is the oil 
itroti>i>t t 


eoiiHid- 
li};atioii 



iiieree and iiavi;;ation of the K'ussian eohniies, and to seeiire Ut them 
iietieeforth the peaeeahle enjoyment «>!' the advantages wliieh, hy viitiie 
ol their privile;;es, they are destined to <>:ather from the iiiiproveineiit 
(exploitation) of the tlsheries as well as from the trade with the natives. 

"These «'onsideratioiis. taken together, render itimpossihie for tin' iiii- 
]ierial tiovernment to aeeede to the propi»sition whieli lias been made U> it 
to renew the stipulations of the fourth article. The re;riet experieneed 
ity it on the occasion is, however, diminished l>y the conviction that the 
I'liiteil States would not themselves deriv«' any especial advaiita;re from 
the loii;;er eontinii.ince of these stipulations; since, a<'cordiii;; to tlio 
statement of the navi;:;ation in these places, even whilst tiie fourth 
artit'h' was yet in force, tln'i'c were never more than four American vessels 
arrived in the course of a whole year, ami that even this imiiib<'r hardly 
to betaken into account in the nourishing state tiftlw f>MM-caiitih> marine 
of the Union, was diiiiinishin;; in proportion asenterpri - on the north- 
west (toast otler«'«l fewer chances of suc«'ess. It appears evident from 
this, that the renewal of the tbiirth article could liarily contribute to 
extend in a reciprocally useful manner the<'oiiiiiier< ■ 1 relnMons bet ween 
liiissia and the I'liited States of America; or !>., .oiisenuein- answer 
the constant solicitude of the Imjicrial (lovcriiineiit to ceiiiciit more and 
more aiul ' . iintual interest the fritMidly iiitelliju'<'i<<'e wliieli it is al- 
ways hai>i)y to cultivate with the (loveri'inent of t'm I'liioii." 

A rial re(piest was nnule for pcvmissioii to tiade, if n<)t with the 
natives, then at least with the Russians, lint this too was refused, as 
appears from the following dispatch of iMr. l)alla.s' to the Stcretary of 
State, May 13, 1S3.S': 

"On the 9th inst. the cominunieation of which I annex a co|)y. M-as 
received from ('ouiit Nesselrode, in reply to my r<Mpiest. under date of 
tiie 2(»tli of March last, to be furnishcMl with intbrmation as to the 
measures adopted, or proposed to be adopted, by this (lovernmeut re- 
speittinp tliea<lmission of Ameri<'an vessels into the llussian establish- 
ments on the northwest coast. 

"It will be perceived that the substance of Count Xes.sel rodeo's n(»te 
is (listinct and definitive; and that the sin<jle and simph' measure 
adopted in relation t«) our vessels, i.s their absolute exclusion from what 
are deemed the Itussian jwssi'ssions. The published order of Clovj'rnor 
Wraiifjel, to which liaron Krudener, in 18.T), called your attention, is 
conlirmed umpnilifiedly in junnciple and practice; and the «'abinet at 
Washington is invited to repeat the warniuff heretotbre givj'u by it to 
the citizens of the Unite<l States not to contravene that prohiliitory 
notice, 80 that they may avoid exposing themselves to the conse(iuen<*<'s 
of misunderstanding or eollision. 

"Although my request for information was expressly limited to 
iius.sian establisliments, and Count Nesselrode's reply to it may not 
strictly be extended beyond that limit, I can not lit'lp thinking that 
t lie i)refatory and peculiar reference he li.'s made to tlu^ expiration of 
ilie tburth article of the convention is meant as a reiteration of the 
|iosition assumed in the ca.se of the Ijoriof, Capt. IJlinr to wit, that since 
April, \H'M, our right to freijuent the interior seas, gulfs, harbors, and 
( ie«'ks north of 54° 40' north latitude, whether actually occupied <u' 
not, has ceased. The consistent brevity, indeed, with which the effect 



«iWd., pG9. 



> Ibid., p. 71. 



184 



CASES OF Tin: PEAUL, LORIOT. AND HARRIET. 



of tlie ten yeiu'w' limitation is unif«)nnly invoked satisfies me tli.it it is 
esteemed w point ifappni in relation to our riji'lits and pretensions on 
the Northwest ''oast, too eoiiclusive to ])e oniitte«l or arjjued. My h't- 
ter in answer to the lirsl assumption of that ]K>sition, dated the 17th of 
Man'h, 18.'{8, and forwaided to you with dispatch No. 15, has not been 
noticed. * • •" 

ThouKh Mr. Dallas terniiiiates this dispat<'h with a request for fur- 
ther instru<!tions as to " tlu^ settled views and i)urposesof the American 
(Cabinet as ref?ards the North Pacific trade," none ai)i)ear to have been 
forthconnng, notwitiistandiiit; the whole correspondence was submitted 
to Conjjress in l.s;i8. 

No further reference to the Northwest (3oast was made by the United 
States Cioverninent until June 2, 18K», when its nnnister at St. Peters 
hwTff, was re(|uestcd to niake inquiries I'onceriiin.y' the lease' wliich, in 
1831>, the Russiau-Anierican Company had executed to the Hudson Bay 
('onipany of the territory between latitude ol^ 40' and Mount St. 
Elias, to which lease no objection ever appears to have been made. 



CASE OF THE HARRIET.' 

Tlie American consul to the Buenon Af/rcs miiiisfet 

P>UENOS Ayres, 

3(>th Noirmbcr, 18.31. 

(After referrinj^ to certain delays on the part of the (xoverament of 
IJuenos Ayres in regard to the seizure of the Harriet, the United States 
consul continues:) 

This unexpected reply from his excellency the minister can not be 
viewed by the undersigned in any other light than as a virtual avowal 
on the part of this Government of the right of Mr. liCwis Vernet to 
capture and detain American vessels engaged in the fisheries at the 
Falkland Islands, and the islands and coasts about C'ape Horn. It, 
therefore, oidy remains to him to deny in toto any such right as hav- 
ing been, or being now, vested in the Government of Buenos Ayres, or 
in any i>erson or persons acting under its authority ; and to add his most 
earnest remonstrance against all measures which may havebeen adopted 
by said Government, including the decree issued on the 10th of June, 
1829, asserting a claim to the before mentioned islands and coasts, and 
the lisheries appurtenant thereto, or any other actor decree having the 
same tendency, and also the circular letter of the said Vernet, issued 
in consequence of the same, as well as against sill such measures as 
may hereafter be adopted by said Government or])ersons acting under 
its authority whi(!h are calculated in the remotest <legree to impose re- 
stiaints upon the citizens of the United States engaged in the fisheries 
in (piestion or to impair their undoubted right to the freest use of 
them. 






decree of the republic of BUENOS AYRES. 

Buenos Ayres, 10th June, 1R39. 
When, by the glorious revolution of the 2r)th of May, 1810, these 
provinces separated themselves from the dominion of the mother coun- 



' Ai)]>('ii(lix to CiiNC of flic Uiiiti'd States, Vol. I, |). 10. 

»Suo British mid Foreign J^tale Papers, 1832-'3:f, Vol. 20, pp. 311 tolil. 



iT. 



CASE OP TIIK HARRIET. 



185 



ine that it ia 
retensioiis on 
uetl. My It't- 
mI the 17th of 
has not been 

quest for fur 
the AiiHMiciui 
to have been 
viifi submitted 

bytheTTuited 
sit St. Peters 
fise' wliich, in 
e Hudson Bay 
lid Mount St. 
men made. 



ttet 



VRES, 



ember, 1S31. 
rovernment of 
United States 

ter (!an not be 

irtual avowal 

wis Vernet to 

slieries at the 

pe Horn. It, 

right as hav- 

nos Ay res, or 

1) add his most 

been adopted 

10th of June, 

d coasts, and 

ree having tlie 

ernet, issued 

measures as 

acting under 

to impose re- 

li tlie lisheries 

[reest use of 



IS. 

', IS 10, these 
I mother eoun- 

411. 



try, Spiiin hehl tlie in)i>ortant possession of the islands of the Malvinas 
(KiilUlaiid Islands), and of all the others whieh api)roxiMiate to dape 
Horn, including tiiat known under the denoniitiation of Tierra del 
l-'uego; this ])ossessi<>n wasjustiliecl by the rigiit of beiug the lirst w- 
cupant, by the <'onsent of the |)rincipal maritime powers of Europe, and 
l»y the i)roximity of these ishnuls to the continent which formed the 
viceroyalty of IJuenos Ayres, unto which Government they depended. 
I'or this reason the government of the Republic, having succeeded to 
every right which the mollicr country pnniously exercised over these 
jtrovinces, and which its viceroys jjossessed, continued to exercise ac^ts 
of dominion in the said islands, its |)orts, and <'oasts. notwithstanding 
tircumstances have hitheito prevented this liepubllc from paying the 
attention to that ]»art of the territory which, from its importance, it 
(IciiiantVH. Nevertheless, the necessity of no longer delaying such i)re- 
caiitionary measures as shall be necessary to secure the rights of tlie 
Kcpublic, and at the same time to jiossess tlie advantages which the 
juoiluctions of tiie said islands may yield, and to all'onl to the inhabit- 
ants that jirotection of which they stand in need, and to wiiich they are 
entitled, the Government has ordered and decreed as foHows: 

Art. I. Tlie islands of the Malvinas and those adjacent to Cape 
Horn, in the Atlantic Ocean, shall be under the command of a jiolitical 
and military governor, to be named immediately by the Government of 
the Keimblic. 

II. The political and military governor shall reside in the Island de 
la Soledad, on which a battery shall be erected under the Hag of the 
l{e|)ublic. 

III. The political and military governor shall cause the laws of the 
K'eimblic to be observed by the inhabitants of tlu^ said islands, and 
provide for the due performance of the regulations respecting seal tish- 
ciy on the coasts. 

IV. Let this be made public. 

llODRIGUEZ. 

Salvador Maria del Carril. 



The American charge fVa fat rex to the Buenos Ayres minister.^ 

Buenos Avkios, 20th June, 1H3S. 

The undersigned, charge d'affaires from tlu^ United States of Amer- 
ica near the (Joverninciit of IJuenos Ayres, has the honor to infoini his 
excellency the minister of grace and justice, eliaiged jirovisionally 
with the department of foreign affairs, that he has been instructe«l by 
liis (Jovernmeiit to call the atteMtion of this (JoverniiK nt to certain 
transactions of Mr. Lewis Vernet, who claims, under a deci'ce of this 
(Ifivernment, dated the 10th of .hiiie, l.SL*!>, to be "the military and 
<ivil governor of the Falkland Islands, and all those adjacent to Gape 
Horn (including Tierra <lel Fuego), in the Atlantic Ocean." 

Under color of this decree, on the 'M){\\ day of .Inly last, (Jilhert li. 
Havidson, a citizen of the United States, and master of a vessel called 
the //«/-nef, sailing from Stonington, in the State of Connecticut, one 
of the said United States, and owned by citizens of the said States. — 
in a time of profound |)eace, while pursuing lawful (commerce and busi- 
ness, was forcibly arrested by a body of armed men, acting under the 



•See Britiab and Foreign Stuto rapoiH, 1832-'33, Vol. 20, p. 330. 



18G 



CARER OF TITE PEARL, LORIOT, AND HARRIET. 



oidors of the ^-ovonior, Voniot, wlio at tlio saino tiino jirrostprt his 
lM>at's <tre\v, i)l!i('e<l hiiii in close eontinemeiit, — subsequently seized the 
Jlarriet, — toi(M'il the crew «>n shore and imprisoned tliein all, exi'eptiiija: 
th«^ mate, cook, and steward. The ])ai)ers of the Jlarriet and nuiny 
articles on board were t'or<'ibly taken, and a part of the articles w«*re 
sold by order of the jjovernor, without formal oondeinuatiou or any 
lej^al process whatever. 

Ifaving arrested and imprisoned them, in his <'apacity of military and 
civil <;()v«'rnor, for violating:;' the laws an<l the soven'ijjfntyof this Repub- 
lic — rej>'ardless of the hi<;h oflicial character in which he .acted, and the 
<lij;nity of the (Jovernment under whose. api)ointment he ])rofessed to 
act — instead of brinjfinj;' them to trial for these ott'enses, he endeavored 
t(M'<>mi»el them to enti^r his siu'vice, for purposes altogether personal, 
and to substitute himself forcibly in the place of their owners. 

******* 

The schooner Jlarricf arrived here on the 20th of November last, under 
his charjic and is now detained (as the undersigned has been infornu'd) 
by virtue of some pnx'ess emanating from this Government, and her 
crew (with the exception of 5 who had been liberated by the governor 
on their agreenuMit to enter his service), were put on board the afore- 
mentioncMl llritish vessel and sent with Captain Carew, and some of his 
men to lvi<) Janeiro. 



\'i 




The umlersigned would also call the attention of his excellency the 
minister of foreign atfairs to (icrtain declarations of J)ou Luis Vernet, 
important, as coming from a high functionary of this (lovernment, the 
military and civic (Jovernor of an extensive region; and if those dec- 
larati(His are to Im» consi(lcrc<l as indicative of the sentiments and 
views of this (lovernnuMit theie wcmhl be Just cause for ai>prehending 
tliat a project was in contemplation involving the destruction of one 
of the most imi)ortant and valuable national interests of the United 
States — the irlmle Jixficri/ — for he declared to Captain Davison, that 
it was his deteiniination to capture all American vessels, including 
irlt(tliii{i ships, as well as those engaged in catching seals, upon the 
ai rival of an armed s(!hooner, for which he htid contracted, which was 
to carry tJ guns ami a complement of 50 men. 

The und(!rsigncd would also call the attention of his excellency the 
minister to another declaration of the governor, from which an infer- 
enc«^ is fairly to be deduced, that the citizens of the United States were 
to be selected as the si)ecial victims of his power, while the vessels 
and seamen of other nations were to be unmolested, imismuch as when 
he was told that the crew of the Adcona,, a British vessel, had taken 
many seals on the islands, and some even on the Volunteer Kocks, at 
tln^ mouth of the sound on which his establishment was placed, his 
rei»ly was, '' that he could not take an English vessel with the same 
propriety that he could an American." 

It amy sometimes Imppen that nations may mistake their rights, and 
may attempt to establish sovereign jurisdiction over unoccupied terri- 
tories uut clearly their own, and to which their title may be disputed, 
and other nations, whose rights may be affected in consequence of such 
assumptions, are not necessarily obliged, perhaps, in the first instanci^, 
to regard acts enforcing such juris«liction as intrinsically and abso- 
lutely hostile if their operation is e(pial and indiscrinunate; but, if the 



CASE OF THE iiAniiiiyr. 



187 



[•rested liis 
y sei/eil the 
i, exeeptiiiR 
suul many 
itieles were 
i,tiou or iiny 



military and 
this llepub- 

ted, and the 

l)r()tessed to 
cn<leav«)red 

ler personal, 

lers. 
• 

erlast,nndcv 
',en inlornied) 
icnt, and her 
the jiovernor 
rd the afore- 
1 some of his 



'xoelleney the 
Lnis Vernet, 
/ernment, tlie 
if those dec- 
ntiments and 
apprehending 
action of one 
>f the United 
Davison, that 
els, including 
als, upon the 
d, which was 

excellency the 

fhich an iufer- 

Jd States were 

lie the vessels 

]nuch as when 

(el, had taken 

teer Itocks, at 

^as placed, his 

rith the same 

iir rights, and 
Occupied t«rri- 
f be disputed, 
pience of siich 
1 lirst instance, 
illy and abso- 
y but, if the 



citizens or snb.jocts of one nation only are subjected to ])oi)iillies and 
|iiiiiisliiiiciits |ii»r violations of sovereign jurisdiction so iissunu'd, wiiile 
tiic subjects or citizens of other nations, committing the same; violations, 
;ire nnmolesterl. such partiid selectiou is evidence of hostile feeling, at 
least, in the olh<-er to whom the authority to punish is d«'legated, and the 
(lovernment which Jnstilies an oflicer who thus tavors and spares the 
one and i)unishes the other, when both are in pari dclhtu, must l>e 
considered as avowing a ijrefereuce, injurious and hostih; to the nation 
which sulTers. 

[bit had the governor, in the exercise of his authority, confined him- 
self men'ly to tlu^ captui'c of American vessels, and to the institution of 
processes l»efore the r(^gular tribunals whiith administer the laws in 
this conntry, with the s<»le view of ascertaining whether transgiessions 
against the laws and the sovereignty of this Kepubli<i had or had not 
Ix'en <',ommitted, ami had he so done in strict pursimnce of his delegated 
authority, yet, in view of the Governnumt of the United States, even 
an exercise of authority thus limited, would have been an essential vio- 
lation of their maritime rights; and the undersigned is instructed and 
authorized to say that they utterly deny the existences of any right in 
this Keimblic to interrni)t, molest, detain, or capture any vessels be- 
longing to citizens of the Unit(!d States of America, or any i)ersons 
being citizens of those States, engaged in taking seals, or whales, or 
any species offish or nnirine aninnils, in any of the waters, or on any of 
tin' slion^s or lands, of any or either of the Falkland Islands, Terra del 
I'nego, ('ai)e Horn, or any of the adjacent islands in the Atlantic; 
Ocean. 

in consequence of these repeated outrages on American ]>roperty 
and American citizens, it has be<;ome the solemn and imi)erative but 
unpleasant <luty of the undersigned, as \\w. I'cineseiitative of the 
I 'iiited Slates of Anu'rica, to demand in their behalf a. restitution of 
all ca])tnred j>roj)erty belonging to citizens of the United States now 
in the i>ossession of this (Jovernment, or in the p(»ssession of J)on Ltiis 
N'ernct, claiming under its appointnumt to be the military and <*ivie 
^^overnor of the Falkland Islands, Terra del Fuego, and all the islands 
in the Atlantic ()(;ean adjacent [to] Cape Horn, and ample indemnity for 
ail (tther property of American citizens which has been seized, sohl, or 
destroyed by said Vernet, or persons acting under his ordc'rs; ami full 
and ample immunity and reparation for all consequential injuries and 
damages arising therefrom, and full indemnity to all American citizens 
li'om personal wrongs, whether from detention, imprisonment, or per- 
sonal indignities. 



The American Charge <T A ffnircH In the Buenon Ayres Minister.^ 

Buenos Aykes, Joih Juhf, js.ii?. 
The umlersignrd, charge d'affaires fr(»m tlu' United States of Amer- 
iea near this (iovernment. has tins honor t) inform his excellency the 
niinister of grace and justice, charged i)rovisionally with the deitart- 
iiient of for«'ign affairs, that he has received no answer to the inquiry 
wliiidi he had the honcu* to submit to hini in his communication of the 
.-'<ithnltimo,andAvhich was of the following purport, that hisdovernment 

>Soo liritiHli and Furoigii 8talo Paptu'8, 1832-'33, Vol. 20, p. '338. 



188 



CASES or THE PEARL, LORTOT, AND HARRIET. 



m 






fi'i!' 



fv: l: 



m 



wislied io know distinctly fVoni this Govcrninciit wlu'thcr it clainiodon 
its part iiiiy ii}4lit or autliority to detain or capture or in any way to 
ntolest, interrupt, or injpede tlie vess<'ls av tin' citi/ens of the United 
States of America wliile enj^a^icd in lisliinj;- in tlie waters or on the 
sliorcs of the Falkland Islands and the other places included in the 
decree of June U), ISlil). 

As liis excellency has not, as yet, condiwceiided to re])ly to the 
inquiry, the undersigned thinks himself Justitied in the ])resumpti()n 
that th(^ power and authority descril»ed in his application are assumed 
by thisdovernment. And, actinj"; on this presumption, lu! will i>rocee«l 
to lay hetbre hisex(;ellency the views which his (l(>vernment have taken 
of this (|uestion, and to present some facts, havinj;" relation to the (jues- 
tion in issue, for the consideration of his excellency, wiiich he sincerely 
hopes may produce a happy termination of this unpleasant contro- 
versy. 

To simidify the investijjation upon which the undersifjued proposes 
to enter, he will, in the commencement, take the liberty to state the 
question in this manner. 

The Arjjentine Kepublic claims sovereij;nty and jurisdiction over the 
Falkland Islands, Terra del Fuej^o, Cajte Horn, and the islands adjacent 
in the A'lantic Ocean, by virtue of having succeeded to the sovereign 
ri{«lits of Spain over those re^jious. 

As these sovereij;n rijihts thus claimed arc altojrether derivative 
from Spain, the first inquiry naturally divides itself into tw«) 
branches: 

1st. Had Spain any sovcreifjn rights over the aboveiiieutioued 
jilaces? 

2nd. Did the Argentine Republic succeed to those righis? 

(The letter proceeds to show that Spain never became or even 
claimed to be the owner of the Falkland Islands either by lirst discov- 
ery or occupation (pp. .'UO-34r7), and continues:) 

Can this Kepublic, then, claiming no original title or rights, but 
such only as are derivative, and which are derived altogether from 
Spain, assume any higher titles than those which Spain herself as- 
sumed? And Spain certainly never assumed any right to capture or 
detain Anuuican vessels or American citizens engaged in the lisheries 
at the places above mentioned. 

• • * • • • '• 

But, if it be hyi)othetically admitted that the full and entire right 
of sovi'reignty was possessed by Spain, has Spain renounced it? Has 
Spain ever, by any acknowledgment whatever, yielded the lights which 
she once possessed? Has Si)ain, as yet, relinipiished, by any fornnil 
act or acknowledgment, any part of lier claim to sui)reme dominion 
over these islands? If the rights of Spain are dornnmt, they are not 
extinct; and the undersigned has little doubt of her ability to maintain 
lu'r actual rights (if any) over the Falkland Islands, for, although some 
of the brightest J<nvels have been torn from her Crown, she is now a 
great and powerful nation; and could her capacities be deveh)ped by 
free and liberal institutions, she would soon resunu; much of her ancient 
grandeur. 

JJut, again, if the rights (*f Siniiu to these islands were undoubted, 
and if, again, it be admitted hypothetically that the ancient vice- 
royalty of the l{i(» de la Plata, by virtue of the rev(dutiou of the L'oth 
of May, 1810, has succeeded in full sovereignty to those rights, would 



r. 



CASE OF THE HAUlilKT. 



189 



t cliuinod on 

any way to 

the United 

s or on the 

mled iu the 



•oi^ly to the 
presumption 
are assumed 
will proct'ed 
t have tak«'n 
I to the (jues- 
lie siueerely 
isant contro- 

led i)roi)oses 
, to state the 

ition over the 
inds adjaeent 
he .sovereiy;n 

er derivative 
.>lf into two 

vc mentioned 

is? 

anie or even 
lirst discov- 

rijihts, but 

jiether from 

n herself as- 

to cai>ture or 

the lisheries 



entire ri^iht 
•edit? Iliis 
rif^hts whieh 
any formal 
iiu^ dominion 
they are not 
y to maintain 
thoujU'li some 
she is now a 
leveloped by 
^f her ancient 

undoubted, 
luu'ient vice- 
1 of the L'oth 
lights, would 



that admission sustain the elaim which the province of IJuenos Ayres, 
oi', in other woids, the Argentine Ivcpublic, sets up to sovereignty and 
jurisdiction? 

If, then, tlH> sovereignty rights of Spain to those southern islands 
descended to the ancient viceroyalty of the liio de la Plata by virtiu^ 
of the revolution, and if that viceroyalty is now divided into several 
sovereignties, independent of each other, to which one of these several 
sovereignties shall these rights be assigned ? Where are the title deeds 
of the Argentine l\epul)licf Where are the releases of the other na- 
tions of the viceroyalty to that Kepublicf 

lUit, again, if it be admitted hypothetically that the Argentine Ke- 
public did succeed to the entire rights of Spain over these regions, and 
that when she succeeded Spain was possessed of sovereign rights, 
the (piestion is certaiidy worth exaniiindion, whether the right to ex- 
clude American vessels and American citizens from the lisheries there 
is incident to such a succession to sovereignty. 

The ocean tishery is a natural right, which all Nations may enjoy 
in conunon. Every interference with it by a foreign power is a national 
wrong. When it is carried on within the marine league of the coast, 
which has been designated as the extent of national jurisdicti(tn, rea- 
son seems to dictate a restriction, if, under ])retext of carrying on the 
tishery, an evasion of the reveiuie laws of the country nuiy reason- 
ably be ai)prchended, or any other seiions injury to the sovereign of the 
coast, he has a right to prohibit it; but as such prohibition derogates 
from a natural right, the evil to be ai)preheiuled ought to be a real, not 
an inmginary one. No such evil can be apprehended on a desert and 
uninhabited coast; therefore, such coasts form no excei)tion to the com- 
mon right of tishing in the seas adjoining them. All the reasoning on 
tiiis subject ai>plies to the large bays of the ocean, the entraiu-e to 
which can not be defended; an(l this is the doctrine of Vattel, ch. li.{, 
sec. L'!>1, who expressly cites the Straits of IMagellan as an instance 
for the application of the rule. 

As to the use of the shores for the purposes necessary to the fish- 
ery, that depends on other jirinciples. \Nhen the right of exclusive 
dominion is undisputed the sovereign may with propriety forbid the 
use of them to any foreign nation, jtrovided such use interferes with 
any that his subjects nniy nnike of them; but where the shore is un- 
settled and deserted, and the xise of it, of course, interferes with in> 
right of the subjects of the power to which it beh)ngs, then it w()uld 
be an infringenu'ut of the right to the conunon use of the sluu'es, as 
wel. ... of the (K'can itself, which all mitions enjoy by the laws ot 
nature, and which is restricted only by the paramount right whicli the 
sovereign of the soil has to its exclusive use when the convenience or 
interests of his subjects require it, or when he wishes to apply it to 
public |)urp(»ses. It is true that he is the judge of this interest 
and of the necessity of using it for his public purposes, but Justice 
re(|nires that where no such jiretension can be made the shores, as 
M"ell as the body of the ocean, ought to be left comiiion to all. 

These ])rinciples seem to have dictated the articles in the treaties 
between the United States and (Jreat I'.ritain. The third article of tln^ 
Treaty of Peace of 17813 declares that the people of the United States 
shall continue to enjoy munolested the right to take lish on the (Irand 
Hanks, etc., and to dry and cure their fish in any of the unsettled bays, 
harbors, and creeks of Nova Scotia, AFagdalen Islands, and liabrador, 
so long as the same shall remaiit unsettled) but that when settlements 



190 



CASES OF TUE PEAKL, LOUIOT, AND HARRIET. 



I 



V, 

f 

•il'i 

1 . 'i 



;.Vi 



'i^ 



r 



are ma<le tlxnc they cjiu not enjoy the rijrlit without a previous agree- 
ment with the inhabitants or possessors of the soil. 

His excellency will perceive iVoiu the terms of this treaty that no 
rights of public sovereignty are claimed against the irnited States, but 
that the private rights of those who have settled and cultivated lands 
on the margin of the ocean are protected in such way as to secure their 
in<lividual improvements from injury. 

In the treaty of Utrecht,* France is allowe<l the use of the unsettled 
shores, for the purpose of drying tish, by certain mt!tes and bounds. 

The treaty concluded between (jreat Hritain and Hi>aiii, in 17*.H>, 
already alluded to, is to be viewed, in reference to this subject; be- 
cause both nations, by restricting themselves from forming settlements, 
evidently intended that the fishery should be left open, both in the 
wateis and on the shores of these islands, and perfectly free, so that 
no individual claim for damage, for the use of the shores, should ever 
arise. That case, however, could scarct^ly occur, for wliales are in- 
variably taken at sea, and generally without tlu^ marine league, and 
seals on rocks and sandy beaches, incajjable of cultivation. The stipu- 
lation in the treaty of 1790 is clearly ibunded on the right to use the 
unsj'ttled shores for the purpose of flshery, and to secure its continu- 
ance. 

When the unsettled shore, although under the nominal sovereignty 
of a civilized nation, is in fact i>ossessed by indejjendent, uncivilized 
tribes, the right to exclude other nations from the use of the shores is 
on a much less stable footing. 

The following conclusions, from the premises laid down, are inev- 
itable: 

1. That the right of the United States to the ocean fishery and in 
the bays, arms of the sea, gulfs, and other inlets capable of being for- 
tified, is perfect and entire. 

L*. That the right of the ocean within a marine league of the shore, 
where the ai)proach can not be injurious to the sovereign of the coun- 
try — as it can not be ou uninhabited regions, or such as are occupied 
altogether by savages — is equally i)erfect. 

3. That the shores of such regions can be used as freely as the 
waters: a right arising from the same ])rinciple. 

4. That a constant and uninterrui>ted use of the shores for the pur- 
poses of a flshery, would give the right, perfect and entire, although 
settlements on such shores should be subsc(iueutly formed or estab- 
lished. 

« • * • * • » 

If regions,never occupied or brought under any positive jurisdiction, 
without garriscms, or naval forces, or inhabitants, are to be occupicil 
and brought under civil or military rule, and those who have enjoyed 
the i)rivilege of a free fishery there are to be excluded from that ])rivi- 
lege, it is iuciimbent on the nation assuming such powers to give of- 
licial notice to the resident representatives or to the governments of all 
nations with whom relations of amity are maintained, before any acts of 
violence, in assertion of such sovereign rights, can be justified. A 
warning to individuals is not enough, for that is not a general uoti<;e; 
and individuals not warned may incur forfeitures and penalties M'ith- 
ont any knowh'dge of their liauilities; and their governments, equally 
ignorant, could take no [jjH'n ontative] measures foi- their security. 

• • • 4i) • • • 



CASE OF THE HARRIET. 



191 



rn, are incv- 



ThCiSO remarks, toncliinp; tlie (-liginal rifjlits of Sp.'un and tho deriv- 
ative rifihts of the Ar};entiiie Kepublic, the ri;;hts of free tishery, ami 
tlie propriety of iioti<re when donuant and uiichiiined rijj^lit.s are asserted 
and resumed, are offered for the eoiisideratiou of his cxcelleuey. 

• ••••«• 

If the Argentine Kepublic ean show conelusively tliat Spain was 
possessed of rights over the Falkhmd Ishmds, Tierra del Fuego, Cajje 
Horn, and the islands adjacent in the Atlantic Oceati of such a high 
and sovereign character as to justify the exclusion of the citizens of 
the United States of America from the fisheries there; if this Kepublic 
can sh."»w that Spain has relinquished, renounced, or in any way lost 
her sovereign rights to the regions above mentioned, and that su(.'h 
sovereignty has become absolutely vested in herself, and if she can 
liirthcr show that, having acquired such rights, and being about to 
exercise them, by inflicting penalties an<l forfeitures upon the persons 
and property of the citizens of a friendly nation, for exercising privi- 
leges which they had been long accustomed to use, she is justified in 
withholding all official notice of the aciiuisition of such rights and of 
her intention so to exercise them from the government or the resident 
representative of such nation, theji, although the American Govei-ii- 
ment might have some reason to (complain of unceremonious and un- 
frienilly treatment, there miglit, perhaps, have been uo cause of com- 
plaint, on the ground of a violation of i>ositive rights. 



RUSSIAN DOCUMENTS. 



A -RBLATINQ TO THE NUMBER OF SEALS KILLED ON ST. PAUL 

ISLAND, 1860-1866. 

No. 1. 

Litter from the chief manager of the Russian American Colonies to the 
board of administration of the Russian American Vompany. Written 
from the Colonics, March HO, 1860. 



In the meantime being desirous of increasing tlio seal catch I in- 
structed the managers of the Pribih>f Ishmds to take 50,000 to 00,000 
sealskins every year. 

• •••••• 



No. 2. 



Letter from the chief manager of the Russian American Colonies to the 
manager of the island of St. Paul. Written from Sitka, May 5, 1860. 

To increase the capacity o^ the island intrusted to yourm.anagement, 
by means of volunteer hunters, I have ordered an increase in the num- 
ber of employes, and you will receive this summer, by the ship. Cesar- 
ritch, lumber for the <!onstruction of a shed and a drying room. The 
construction of the shed and the drying room must be in exact con- 
formity with the purpose for which they are intended; and I therefore 
direct you to be guided by local circumstances, after consultation on 
the subject with Lieut. Wehrmunn, as the annual seal catch must bo 
increased to 60,000. 

I agaiu order you to kill from 50,000 to 00,000 seals every year. 



No. 3. 



Letter from the chief manager of the Russian American Colonics to Lieut. 
Wehrmann. Written from Sitka, May 3, 1860. 

CONCERNING SEALS. 

By direction of the board of administration, I instructed themannger 
< if the island of St. Paul, liepin, to kill from 50,000 to 00,000 seals every 
year. 

123G4 13 193 



194 



RUSSIAN DOCUMENTS. 



i 



In tho mcantiino, accing from tlie report of Miinapfor Ropln that, in 
1859, tho sealcaUsh was unsiiccessCiiI, owinj:? to tlio fact that tho cows 
arrived late and without youii};, I rcspoctfully request your excelleiu'y 
to ascertain on tiie spot whether it is possible to take oO,000 to (50,000 
sealskins every year without injury to the industry for the following 
years, and to permit hitu to take such a number as you may think ex- 
pedient. 



No. 4. 



Letter from the chief manager of the Russian American Colonies to the 
manager of the island of St. Paul, Milovidof. Written from Sitka, March 
15, 1861. 



P 
t 

if 

{'4 

i 






m 






I direct you henceforward to prepare the following quantity of seal- 
skins every year, and to send them to New Archangel, 25,000, dried in 
the same way as has been done hitherto, and 25,000 salted, the prepara- 
tion of which must be performed by the new method, in accordance 
with tho directions inclosed herewith. 

The attention of the board of administr.ition is especially turned to 
the seal catch at the present time, and you will therefore bestow tho 
greatest care upon it, and not fail to ship the 50,000 skins hereby or- 
dered. 

You must make requisition on the New Archangel factory for the salt 
needed for salting the skins, as well as for other articles in sufticient 
quantity at the proi>er time. 

In case you notice a diminution in the number of seals, .and find it 
impossible to take as many as 50,000 without too great impoverishment 
(of the rookeries), you will immediately report to me; and you will also 
report every year whether it is not possible to take more than 50,000 
sealskins. 

In killing the seals be careful to take the large and medium-sized 
ones, as circumstances may direct; and you are permitted to kill 4,000 
gray seals every year, in order to procure the oil, which, as you are 
aware, the natives use for their necessities, and you wdl ship as much 
of it as possible to Unalaska and New Archangel. 

Make your reports short, but clear. Report every year on the follow- 
ing subjects: 

The increase or decrease of the seal and sea-lion rookeries; tho 
.amount of seal meat, oil, and other supplies secured; all vessels coming 
in tMght of the island, etc.; after the example of the former manager, 
Sliaishnikof. 

Send every year a list of .all the p.aid employes and hunters, together 
with your rentarks on each, and recommend those who are deserving 
of a reward, and keep a yearly journal of the management of the seal- 
killing and of the work done. 

I place upon you the personal responsibility of keeping watchmen on 
the rookeries constantly during the summer, in order to prevent tho 
whalers and all other foreigners from handing on the coast, and to pre- 
vent the natives and the cniployds from having any commercial trans- 
actions whatever with them. 



mi 



t I- 



in that, in 
b the cowa 
uxcellein'.V 
[) to 00,000 
foUowin}? 
f tliiuk ex- 



miea to the 
itka, March 



BELATINQ TO SEALS KILLED ON ST. PAUL ISLAND, 1860-1866. 195 

No. 5. 

Letter from the chief mannijer of the liitsHian American Colonien, Furu- 
helm, to the board (>/ admininl ration of the Russian American Company, 
Written from the ('oh>nies, Oetnhrr II, 1S(>1. 

• • • • • • • ' 

In the course of this year 47,040 soalskins have bvon taken from the 
islands of St. Paul and St. (leoifje, of which nuiulu'r li 1,0 l.J salted, .'{,000 
bachelors, dried, and 2,500 fjrays have to l)e sent to New York; and 
ll'jOOO dried skins will now be .sent by the ship (Jzaritza to Cron.stadt. 

• •••••• 






tity of seal- 

00, dried in 

:lje prepara- 

accordance 

y turned to 

bestow the 

i hereby or- 

y for the salt 
in suflicient 

», and find it 
overislinient 
on will also 
than 50,000 



V 



»cdium-size«l 

to kill 4,000 

as you are 

hip as much 



No. 6. 



Letterfromthechicfm,ana(jerofthc Russian American Colonies Fnruhelm, 
to the Itoard of administration of the Itussian Amerivun Company. 
Written from the Colonies^ November 17, ISGii. 

• •••••• 

In spite of the great slaughter of seals on St. Paul and St. Uenrge, 
they are every year oeeuiiyiiig more .si)ace with their rookeries; and I 
therefore permitted the manager to take 75,000 skins on the former 
island, instead of 50,000; and on the latter 5,00(), an increase of 2,000. 
Seeing now, however, th.^i. the demand for sealskins for New York does 
not go beyoml 20,00(), I will alter this arrangement, and instruct him 
to prepare 25,000 salted .sealskins and 20,000 dried on St. Paul and not 
to take more than ."{,000 on St. George, as heretofore. The sealskins 
remaining over can not spoil, as they are thoroughly salted. 






n the foUow- 

)keries; the 
Issels coming 
ler manager, 

lers, together 

|e deserving 

, of the seal- 

i'atclimen on 
[prevent the 
T and to pre- 

hercial trans- 



No. 7. 

Letter from the hoard of administration of the Russian American Com- 
pany to Captain of the First Class and Knight Lmn Vasilievitrh Fnru- 
helm, chief manaf/er of the Russian American Colonies. Written from 
St, Fctersbury, February 11, 18(J3. 

The board of administration, noting in dispatch No. 405, of Novem- 
l)er 17, 1S02, your arrangements for killing a larger number of seals on 
tlie islands of St. Paul and St. George, to wit, on the former, 70,00( 
instead of 50,000, and on the latter 5,000, respectfully reqm?sts your 
excellency to give orders that the said arrangements bo kejjt in force, 
as the board will not fail to adopt the uecessasy measures for the sale 
of these furs. 



VJG 



RUSSIAN DOCUMENTS. 



No. 8. 

Letter from the rhirf mnnafjer of the Ifnimian American Colonies, Furti- 
helm, to the hoard of adminint ration of the Uuttnian American Company. 
Written from the ColonicH, October ti, 1863, 

CftNOKRNlNU TIIK QTTANTITY OF FURS TAKEN DURINO THE CURRENT 
YEAR IN THE KADIAK DISTRICT AND ON THE ISLANDS OF UNOA, 
UNALASKA, ST. PAUL, AND ST. OEOR(JE, AND AT FCRT MICHAEL. 

liy tlio vessels wlil<li «;uTie(l supplies t<> the Kadiak district and the 
islands of Unga, IJiialaska, St. Paul, aiul St. (ieoige, and to Fort 
Miciiael, and whieli have now nsturned to New An-lninfjel, [ received re- 
ports tVoni the Kadiak tactoiy and the nninaj^ers of the above-named 
places with repaid to their pros]>erous condition and the ([uantity of furs 
obtained during tiie current year, viz: 

In the Kadiak district: The United Kadiak i>arty, which was en- 
^a^cd in hunting sea otters in Kenai Bay, could not visit the best 
places for sea otters, owing to the ccuistant bad weather, and conse- 
quently its cat(!h was extremely small in comparison with former years 
in that bay, and amounted only to 25,^ sea otters. 

The hunt was, on the whole, very successful on the islands of Unga 
an«l Unalaska and at Fort Michael. 

In the course of last year trading expeditions were sent from Fort 
Michael to Quick[)ack iiiv«'r, and from Nulatof Station to I vO Miu- 
tog. By the latter expedition 1,453 skins of different kinds ere ob- 
tained and were left at that station to be kept until the summer of next 
year, 18(54. 

The manager of the island of St. Paul reports that the seal and sea- 
lion rookeries are ima-easing, in spite of the considerable numbers 
killed on them; the white foxes, on the uoutrary, have been diminish- 
ing in numbers. 



No. 86.» 

Letter from the chief manaffer of the Russian American Colonies to the man- 
ager of the island of iit. Paul. Written from Sitha, May 1, 1861. 



As to No. 32. — Ir my instructions No. 249 of last year I fixed the 
nund»er of fur-seals ;ins to be taken by you in each year. By order of 
the board of admi stration I revoke said instructions No. 249, as well 

ictions concerning the catch of fur-seals, audi nov/ 
reafter, annually, as many as 70,000 fur-sealskii's, 
be dried and the remaining 45,000 salted, accord- 
ions in your possession. 

i 70,000 skins now ordered to be prepared, only in 
case no decrease ii' die nunibersof the animals is observed; otherwise 
you must immediately advise me for the pur])ose of having the number 
reduced, with a view to the preservation of the seals fcr the years to 
come. 
As these instructions will reach you late in the season, and as you 

• For tho facHiiiiile of this docnmcnt, see No. 31 of the facsimiles published in VoL 
I of the Appoudix to the Gaso of the Uuitod Stutca. 



as all previous ins 
direct you to take 
20,000 of which nui 
ing to the new dire 
You must take tl 



RELATINO TO SEALS KILLED ON ST. PAlir. ISLAND, ISfiO-lSflfl. 107 

will ('ons«(|iicntly bo unahle to |iropiin' tlir wliole (niaiitity of fur st»al- 
skiiiM now nM|iiiro<l, I iiavt^ to reqiiost tliat you will ciidfiivor to tiikr 
iiiid Halt not Ic8s tlian 1<),(MNI Hkiiis during; tlic tiinci occupied by tlu^ trip 
of the vcHHcl from Ht. I'uul to Kort Michael and ba<'k, and to put thcni 
on lK)ard of the vessel on her seeond visit to St. I'aul. liast year you 
sent only J4,(HN) dried skins, while the order was to send about 1*0,000. 
In future you nuist endeavor to strietly till orders. 

• ••••«• 



nds of Unga 



and as you 
iblisbed in VoL 



No. 9. 

Letter from the hoard of administrntion of the Tiussinn Amerienn Com- 
pani/ to the (wthuj chief mo nat/er of the liusnion Amerieau ('olotiiea. 
Written from St. I'eteriiburti, March 8, lSf!r>. 

In dispat<;hes Nos. 1004, of November 8, 1S(U, 1110, of DeeenibiT 11, 
1S(J4, and Nos. 4.*J, 79, and 81, of January 18 and 28, 18(»5, the board of 
•idministratio!! had tlie honor to notify you of its decision with rej,Mrd 
to the taking of sealskins. 

In sending you now for your information a copy of the contract con- 
cluded with Messrs. 'vppenheim & Co., of London, for the additional 
sale to them, in the c(mrse of 180({-'({7-'(»8, of 10,000 salted fur sealskins, 
it has the honor to re<piestyou respectfully to instruct the persons whom 
it may coiuiern to carry out the following directions: 

1. To t;'ke as many as 53,(MI0 sealskins in 1805 and 1800, and of these 
to dry 23.000 and to salt .'«),(MH>; su'd in 1807 and 18(i8 to increase the 
number of dried skins by 2,000 a year. 

2. Of this number you will seiul: 

{a) To London to Messrs. John Morris Oppenlieiin & Co. 30,000, to 
wit,20,0(M) to 21,0(M) contracteil for with Messrs. Shei)ler vS: Co., two- 
thirds of which nnist be salted and one-third dried, and 10,01M) salted, 
contrjicted for by them with Messrs Oppenheim & C<>. 

(/>) By way of Ayan to Irkutsk for the Iviachta market fnmi 0,000 to 
0,0(W dried skins. 

{(') To Cronstadtin 1865 and 1800, 16,000, and in 1807 and 1808, 18,000 
dried skins. 

3. In shipping (tlie skins) observe the following rules: 

(ff) The 15,0(K> or 16,000 intended for shipnu^nt around the world to 
(Jronstadt must all be of the proper si/e, to wit: Large, medium, .and 
small ycmng bulls and b.achelors, without any mixture of grays. 

{b) In assorting (the .^kins) for Irkutsk, begin with the medium and 
small bachelors and add a small quantity of the larg(\st grays. 

((') (Set apart) about 6,000 drie«l skins for Lo uloti, of the same size 
as for Russia, but there must be no "yearlings,'' that is, small grays, 
among them. 

id) In salting the 25,000 skins called for by the two contracts and 
intended for shipment to Lond(m, you must begin with the mediun) and 
small bachelors and the third size of large grays, w hich. as you know, 
are more than one year old. At the same time you nuist bear in niin<l 
that the young bulls and the large bachelors must not be salted, as, 
according to information received, salted skins are not fitted for the 
iiondon mode of dressing. 

• •••••• 



198 



RUSSIAN DOCUMENTS. 



No. 10. 

Letter from the chief manager of the Russian American Colonics to the 
manager of St. George. Written from Sitka, May 6, 1865. 



It liiis rome to my knowledge that white seals have been seen on the 
Piibilof Islands; yon lire theieAu'C instructed to kill them indiscrimi- 
nately, in order to prevent their sjioiling the race of the genuine seals. 

Altering the instruf^tions given last year in my No. 14.5 with regard 
to tlie killing of seals, you are instructed to kill in 180(5, for shipment 
to New Archangel (Sitka), li,000 to be salted and 1,000 to be dried; in 
all, 4,000 (sic). 



No. 11. 



Letter from the ch,., manager of the Russian American Colonies to the 
manager of St. Raul, Written from Sitka, May 3, 1865. 

• •**•*• 

It has come to myknowledge thatwhitesealshaveniade their appear- 
ance on the Piibilof Islands; you are tlierelbre instructed to kill them 
indiscriuiinately, to prevent their spoiling the race of the genuine seals. 

Altering the instructions given yon in my No. 145 of last year with 
regard to the killing of seals, I instruct you to take in ISOG, for ship- 
ment to New ArchangiO (Sitka), 20,000 sealskius to be salted and not 
more than 25,000 to be dried. 

• • • • • • • 



No. 12. 



Letter fro/n the chief manager of the Russian American Colonies to the 
manager of the island of St. Raul. Written from Sitka, April 4, 1866. 



I instruct you to take next year, 1S07, the following amount of seal- 
skins, and Lo prepare them as follows: 20j000 salted sealskins; 30,000 
dried sealskins; in all, 50,000. 






No. 13. 

Letter from the chief manager of the Russian American Colonics to the 
manager of the island of St. Georje. Writtenfrom Sitka, July 23, 1866. 

You are directed to take and prepare next year, 18G7, 2,000 salted 
sealskins, 2,000 dried sealskins; in all 4,000. 

• •••••• 



RELATING TO VISITS FOREIGN WHALERS TO BERING SEA. 199 

No. 14. 

Letfcrfrom the cJiief manger of the Russian Amcriean Colonies to the mana- 
(fir of the isumd of ISt. rant. Written from Sitka, Auijust 10, isiiii 

You are instructed to continue the seal catcb in the follo\vin<^ man- 

iht: 
]. Twenty thousand salted sealskins every year, and 
•L'. Next year, 37,000 dried sealskins, and in the folh)\viiifj years, if 

yon have no special instruetions, .'50,(M)0 every year. Do nut kill any 

small gray seals in future. 

• •••••• 



I 



No. 15. 



Letter from the chief manager of the Russian American Colonics to the man- 
oi/er of the island of St. Paul. Written from Sitka, April i), 1807. 

The board of administration has notified me that Messrs. Opi»enheim 
& Co., after receivinj;* the sealskins sent by us, expressed the wish 
that only salted sealskins be sent them; and you are therefore in- 
structed to prepare 40,000 salted sealskins for the suiuuier of 1808, and 
to stop dryinj? the .skins for the present. 

Send to Sitka all the dried sealskins which you have on hand, and, 
in addition, send this year 35,000 salted sealskius, which are needed, 
accordinj; to the last dispatch of the board of adnuuistration, instead 
of dried ones. 

If I di<l not instruct you last year not to kill the gray seals, you are 
now instructed not to kill any of them, as a very large tjuantity of 
gtey sealskins have accumulated at New Archangel. 

• •••••• 



B— RELATING TO THE VISITS OF FOREIGN WHALERS TO BERING 

SEA. 

No. 16. 

Letter from the hoarel of administration of the Russian American Com- 
panij to Captain of the Second Rank Nicholas Yakorlovitch Rosenberg, 
chief manager of the Russian American Colonies. 

No. 897.] July 13, 1850. 

In n'ply to your predecessor's dispatch No. 4(54, of October 15, 1849, 
tlie board of ndministration has the honor tt> intbrm you that the eir- 
cunistances stated therein in reganl to the visiting of the island of St. 
Paul by foreign whalers, as well as the interrogatory papers, iiave been 
c((iumunicated to our minister in the Uiuted States, with the recpiest 
that steps may be taken to prevent the Americans from invading the 
integrity of the Russian limits ana of the pro[»(>rty rights of the com- 
Itiiny. At tho same time the boara of admiui.stration expects that you, 



I 



i ! 



--—-"--•"•—" 



200 



RUSSIAN DOCUMENTS. 



like your predecessor, liave taken sill necessary measures for gnardinp 
the Pribilof Islands, which are )fsuch importance to the company, from 
a repetition of similar atteniprw on the i)art of foreigners; and until 
the clearinfj of those waters from whalers by means of a war cruiser, of 
whose sen<linff the board has already received- information, you are 
directed to order the company's cruisers to pay particular attention to 
the Pribilof Islands. 
Signed in the original: 

V. POLTTKOVSKY, Presiding Officer. 

V. KisniuiN. 

N. KUSOF. 



Ko. 17. 



11, 






Letter from thehoard of (idmininiraUon of the Russian American Company 
to Captain of the Seeond Rank Nicholas Yakovlovitvh Bosenberg, chief 
manager of the Russian American Colonies. 

No. 561.] April 18, 1852. 

In transmitting to the governor-general of eastern Siberia the con- 
tents of your dispatch No. 501 (May 24, 1S51) concerning the visits of 
foreign whaleships to the colonial seas, the board of administration 
requested his excellency, in order to save the company from injury ciiused 
by such occurrences, to issue instructions making it the duty of such 
armed cruisers as his excellency, may have at his disposition to patrol 
the colonial seas, especially around the Commander Islands, where, as 
you report, the foreign whalers assemble in great numbers in the sum- 
mer season. 

Informing you of this, the board of administration would instruct you 
at the same time to tit out a company's cruiser independently of the 
naval cruiser and to instruct it to cruise in those places where, on closer 
investigation, it may ai)pear to you necessary. 
Signed iu. the original: 

V. PoLiTKovsKY, Presiding Officer. 
V. Klupfel, Member. 
A. Etmolin, Member. 
N. KusoF, Member. 
Wkangrll, Member. 



SEIZURES OF AMERICAN AND BRITISH VESSELS BY RUSSIA 

IN 1892. 



[Extract from the Victoria News of Anijust^l, 1891.] 

RUSSIAN riTlACY — SEALERS TAKEN IN THE OPEN SEA— THREE VIC- 
TORIA CRAFT SEIZED AND THEIR CREWS THREATENED WITH 
SIBERIA — A 'FRISCO VICTIM ALSO. 

Startling story of outra{?c, insult, and pillage. — The eaptnred crews 
turned heartlessly adrift. — To secure passage home they sign away 
everything. — How they arrived at Victoria. 

The Kussian Government is following much the same high-handed 
l>olicy as that pursued by the United States regarding the sealing 
matter. The ofHcers of the Czar have perpetrated an outrage in that 
counectiou that for wantonness exceeds even the acts of the United 
States' vessels. 

The Victoria schooners, Rosie Ohen, Arit^^ and Willie McGoican and 
the San Francisco schooner C. H. ^yMie^ have been seized upon the 
high seas by the man-of-war Zahiaka. The seizures took place nearly 
50 miles south of Copper Island and in the open ocean, July 18 and 
and July 28. 

Notwithstanding the vigorous protests of the respective captains they 
and their crews were made prisoners siud taken to Petropaulovsk, where 
tiiey were turned loose upon the beach without either food or slielter. 
'I'hcir schooners were contiscated, and threats made that the captains 
would be sent to the salt mines of Siberia if they made any i)rotests. 

Kiinilly the entire complement of the four vessels were taken off by 
tlio American bark Majestic on August 9, and reached Koyal Koads 
yesterday afternoon. 



[ Extract fi-om tho Victoria Newo of Septmnbor 10, 1892.] 
MORE RUSSIAN SEIZURES— THE VANCOUVER BELLE GONE, 

! Wsides other schooners not yet identified. — The lost boats' crews i)ickcd 
up by the liussians. 

l'\mr more sealing vessels, including three Canadian and one United 
States craft, have been seized by theltussians in the vicinity of (Jopper 
1-slaud, and several missing boats are supposed to have met with tho 

201 



202 



SEIZURES BY RUSSIA IN 1892 



Hiiiiu! inislortniio. Tliis iiows was broiiglit by tlic sealers E. Ti. Marvin 
and W. /'. IS(ii/iC(ird wliich arrived in port yesterday, and renewed the 
exeitenient created in Vietoria by the first intelli};«Mice of the Knssian 
oiitra^jes. The names of tlie vessels latest seized have n<,t yet been 
ascertained, except tliat the Va7icouvcr Hellc I'roin Vaneouve" is known 
to be one of them ; tlie other Canadians ju"e supposed to be the Maud *V., 
Genera, or Dora Siea'ard — two of these three — thonj^h this is not posi- 
tively known. The owners of the Marrnn and iSaj/uunui were amoniT;-'t 
the happiest men in Victoiia yesterday when they learned that tiicir 
Buuirt little uralt were at tlie entrance to tho harbor. 



[Eztrnrt from tho Lonilun Staiiilant of ScptPtnbcr 10, 18t)2.] 

THE CAPTURED SEALERS. 

[From our corrospuniknt.] 

Ottawa, Friday night. 
Tlie minister of marine is preparing a case to submit to the JJritisli 
(lovernment relative to the seizure of Canadian sealers by the Russian 
cruisers otf C()i)per Island. Jle says the seizures were made, not in 
Jieriiif-- Sea, but in th«^ Is'orth racilic, and that tiiey are most jjlaring; 
violations of the treaty between Jiussia and Great Britain iu 18S8 {sic). 



(From flic London Financial TimoB, of September 15, 1802.] 
TOE SEIZURE OF SEALERS BY RUSSIANS. 

Victoria, British Columbia, i5f/i Septemhcr. 

A comparison of the statements made by the ca])tain of the Kussian 
cruiser which seized a number of Canadian sealers in the Northern 
Pacilie and the re}>ular charts prepared by the agents of the marine 
dci)artment shows that the schooner Willie McOowan was 42^ miles 
fnmi the nearest land when seized. The Eosie Olsen also appears to 
have been 38 miles and the Ariel 30 miles out at sea. The sealer Agnes 
Macdonald arrived here to-day and reports that when 20 or 30 miles 
from Coiiper Island she i)ut out her boats, which were, however, soon 
driven in by the Russians. The Vancmver Belle and other vessels 
have been seized, all they contained being confiscated. The Russians 
are said to have declared that they would seize the British schcHuiers 
wherever they iound them, no matter wiiat distance from the shore. 
The sealer Libhie will probably make a trip to tho Southern Pacific. — 
Renter. 



[Extract from ilisnatcli of UnUod States Cmisnl Mvera to tlio Assistant Secretary of State, dated 

Victoria, October 8, 1802.] 

The British vessels rejiorted as seized by tho Russians oft' Copper 
Island are the Carmelite, Willie McGoican, liosie Olscn, Vancouver Belle, 
Ariel, and Maria. 



;s,:«¥3fi'WS*#^' 



H. Marvin 
H'wed the 
i^ Kiissian 
yet been 
is known 
i Maud aS,, 
i not i)Osi- 
[', anion iT;--t 
Lluit tlieir 



!ay nifiht. 
the liritish 
he lluBsiiin 
ude, not in 
ost {flavins 
u 18S8 {sic). 



OP AMERICAN AND RRITISII VESSELS. 



203 



kpicmhcr. 
he Russian 
|e Northern 
the marine 
|s 42^ miles 

appears to 
iealer Agnes 
lor 30 miles 
ever, soon 

her vessels 
lie llnssiaiis 

II schooners 
the shore. 
lu ]?acitic.— 



of Stato. dated 

off Copper 
]i0uver BdlCf 



Letter from Collector Milne, of Victoria, to the Canadian minister of 

marine and fisheries. 

[I*u1)ll«liC(1 In tlio LdikIou Times of Novonilirr U, IKO'J.] 

Victoria, B. (3., October S, 1892. 
The CoLLEOTOii OF Customs, T7(7orm, li. C: 

Sir: As re(ineste<l by yon, we liave measured the distanee on the 
cliart of IJeriii}? Sea, as ^'iveii hy you, showinj;' the exaet places wImtc 
the tliree IJritisli schooners were sei/,e<l by tlie Russian cruiser Zahiaka 
;uhI tlie Russian Fur Company's steamer Kotilc. 

Schooner Willie McCoican, latitude 50° 50' N., loiiKitu<h^ 107° 50' K., a 
distance of 42^ miles from Cojiper Island, the nearest land. 

Schooner Kosie 0/.v«;», latitude 54° 24' N., lonjjitude lOiio 40' ID., a dis- 
tance of .'{S miles from Rerinjj^ Island, tlie nearest land. 

Schooner vlr/6'/, latitude 54^ 10' M., lonj^itude 107° 40' ID, a distam^c 
of .*iO miles from Cop])er Island, the nearest land. 
Yours, respectfully, 

James Gaudin. 
J. (J. Cox. 






Sworn statement of Captain Fur man, of the schooner C. II. White, seized 
by the liitssian Oovernment in Jb'J2. 

State op California, 

City and County of San Francisco, ss : 

Lawrence Magnus Furman, being duly sworn, deposes and says 
as follows, to wit: 

My full name is Lawrence Magnus Furman; I am 37 years of age; 
1 was born in the city of Gottenburg, Sweden; I am 
now a resident, and at all the times when the events '''"'"' '""' 
took jdace in regard to which I make this atlidavit I was a resident of 
till' city and county of San Francis(;o, State of California; I am now and 
:it all the times when the events took place in regard to which 1 make 
this atlidavit I was by occupation a master mariner; I have an interest 
ill the claim of the Eagle Fishing Company against tlu; Russian Gov- 
ernment, to support which claim 1 make this atlidavit; that interest is 
:i.s follows: I own one share of the capital stoiik of the Eagle Fishing 
Company, and am a director thereof; I have no contingent interest in 
said claim other than should said Eagle Fishing Company recover 
(laiiiagcs, I will receive a dividend of the .amount recovered as owner 
of said share of stock. There are lifteen hundred shares of the stock 
of said corporation now in force. 1 am not the agent or attorney for 
t lie said claimant, or for any person having an interest in said claim. 
1 am a duly naturalized citizen of the United States of America, but 
1 can not now produce a certilled copy of the record of my said natu- 
ralization but will herealter jiroduce the same if necessary. 

1 was on the 7th day of May, A. I). 1802, the duly acting and quali- 
lit'd master of the American sclioouer C. II. White, be- 
longing to said IDagle Fishing Comi»any, which said o.^/.^TrAie'/ ""'""'"'" 
vessel on said day duly cleared from said port of San 
iMancisco for a hunting and lishing voyage in the North Pacific Ocean, 
having at the time all the necessaiy and nnpiisite legal papers on board, 
as will more fully and at large apiicar by the memorial and papers on lilo 



■na«f>r--*-'^^'""-^'^'""*-f*'- "■■"*»'•'"' 



201 



SEIZURES BY RUSSIA IN 1893 



' t 



i f 



berein. On said day I as master, as aforesaid, did in and with said 
schooner set sail and depart from the said port of San Francisco, bound 
for the North Pacific Ocean, said vessel being at that time, and at all the 
times hereinafter mentioned, seawortly and in all respects fit for the 
voyage which it took as herein menf oned; I proceeded with said ves- 
sel and crew on my voyage with(ntt disaster of any kind until the 15th 
day of July, A. D. 1892, and prior to said day and in the open Pacific 
Ocean, more than 30 miles south of the Aleutian Islands, and not in 
Russian waters, had caught eight barrels of mackerel and one ton of 
codfish, and had killed twenty seals, allof which were caught and killed 
on the voyage from 8an Francisco and more tlian 30 miles simth of the 
Aleutian Islands, and not in Russian waters ; I, with said vessel and crew, 
on or about the 12th day of July, A. D. 1892, being then fishing about 
40 miles south of Agattou Island, one of the Aleutian Islands, set 
sail for the Kuril Islands ofithe coast of Japan, intending to fish there, 
and knowing that my chronometer was out, wanted to sight land to 
correct the chronometer, and accordingly deviated toward the Copper 
and Bering islands for the purpose of sighting them, or one of them, 
and correcting my chronometer, as Jiforesaid, and on the 15th day of 
July, arrived at latitude 54° 18' north, longitude 167° 19' east, by cor- 
rect observation, and h.ad not fished or sealed in said place, nor at 
any place within 50 miles thereof, or in Russian waters at all, and the 
wind being light, but the vessel sailing on its course, as foresaid, and 
no boats being out from said vessel, either for hunting or fishing, and 
no one "vom said vessel being either hunting or fishing. 
Said latitude 54° 18' north, longitude 167° 19' east is, by correct ob- 
servation measured by me, on the United States Coast 
Seizure of schooner. Survey Cliait. No. 900, moic than 80 miles from Cop- 
per or Bering islands on the high seas, and not in 
Russian waters; when at said time, and in the latitude and longitude 
above mentioned, on the 15th day of July, A. D. 1892, as aforesaid, and 
not being at the time hunting or fishing, and no^ having at any time 
fished or Imnted seals in Russian waters, but being at said time on my 
course for the Kuril Islands, as aforesaid, the said scliooner was boarded 
by an officer from the Russian war cruiser Zabiaca, which said war 
cruiser Zabiaca was at all times herein mentioned, a regularly commis- 
sioned war cruiser belonging to the Russian Government, armed for 
offensive and defensive warfare, and acting under the authority and by 
the directions of the said Russian Government; and I was by said Rus- 
sian officerorderedtocomeon board of said cruiser with all the schooner's 
papers; I accordingly went on board, and the captain of said cruiser, 
after examining the schooner's papers, arrested me, and then had all 
the crew of said S(!liooner, except the mate, brought on board of said 
cruiser, and I and the crew of the schooner Avere kept 
ing'seizuro!'** *^"""^' ou Said cruiscr as prisoners. The said Russian cruiser 
then and there seized said schooner G. H. White, and 
towed it to Nichelovsly Bay, Bering Island, and then placed said 
schooner under a prize crew and sent it to Petiopaulovsky, and the 
cruiser, with me and the crew of said schooner as prisoners, sailed to 
Petropaulovsky and arrived there on the 20th day of July, A. D. 1892; 
and while on board of said cruiser, I was by the captain of said cruiser 
forced to sign a pa])er in Russian, which I did not understand, the said 
captain threatening to send me to Siberia unless I signed said paper, 
and I only signed said paper under protest in consequence of said threat 
and the duress exercised by said captain of said cruiser. 
The Russian Government seized said schooner G. U, WMUf as herein- 



OF AMERICAN AND BRITISH VESSELS. 



205 



before sot forth, but I do not know wbat disposition was made of said 
schooner, but I am a^lvisetl and believe and therefore alh';,'e, that said 
schooner was repainted and refitted and used by said Kussian Govern- 
ment, and is now in its possession, and by it used. 

I, as master of said schooner C. II. White, duly protested at the time 
to the captain of the said war cruiser against the seiz- 
ure of said vessel, and against all his other acts herein ''»*««*• 
testified in regard to, and on the 5th day of August, A. I). 18J)2, 1, as 
master, duly noted a protest against said seizure and said acts with the 
governor of Petropaulovsky, and I, as said n)aster, on the .'{1st day of 
August, A. I). 1892, duly made a regular marine protest against said 
seizure to James G. Swan, a notary public in and for Port Townsend, 
State of Washington, Unit«.'d States of America, immediately ujion my 
arrival at said city, and said city being the first place in the United 
States at which 1 arrived. 

Lawrence M. Furman. 

Subscribed and sworn to by the said Lawrence M. Furman, known 
by me to be a credible witness, before me this 3rd day of November, 
A. D. 1802. 

HarryJ. Lask. 

Xotnry Public in and for the City and County of ISan Francisco, /State 
of California, 



BH 



OFFICIAL RFPORTS. 



REPORTS OF CAPTAIN HOOFER. 



Orders to Captain Hooper. 

U. S. S. YoRKTowN, Third Eato, 

Unalaska, July 18, 1893. 
Captain 0. L. Hooper, U. S. Kevemio Marine, 

Commanding U. 8. lievcmie Cutter Coricin: 

Sir: When y<ni have filled np with coal, and the vessel under yonr 
conunand is in all respects ready for sea, you will proceed to the l'ril>- 
ilof Islands, and having- coninuinicated with the Treasury agents, and 
received on board Professor Townsend, you will run on radiating lines 
iKini that island in order to obtain the information recpiested in the 
inclosed communication, addressed to Cajttain Tanner, of the U. S. Fish 
Commission steamer Albatross. 

You will run the first line directly west from St. Paul and continued 
oil that line until you are satisfied that y(m have i)assed the outer limit 
(tf the seal herd; you will then steam south until the i.sland bears east 
hy north, when you will head directly for it and (!ontinue your course 
until you reiich it. Continue this work until you run out on a south 
eourse. You will then reverse this operation and follow the compass 
around until you reach the north point. 

('ontinue cruising in this way until it is necessary for you to return 
to Unalaska for coal. When recoaled resume this work and continue 
it until you receive further instructions. 

You will consider this duty as in addition to your work as a ('ruisin}» 
vessel, and you will use your utmost endeavor to obtain the information 
ri'ipiired. 

If at any time you have reason to suspect that sealing vessels are 
a I M tilt dro]) all other wiu'k a>ul capture them. 

You wdl feceive from the Fish Commissi<m steamer Albatross such 
liortion of her sealing outfit as you may recjuire. 
Very respectfully, 

11. D. Evans, 
Commander U. 8. Nary^ 
Commanding U. S. Naval Force in Bering Sea. 

207 



i I 



208 



OFFICIAL REP0KT8. 



■ ..'i:i 



lieport of Ctiptain Hooper, dated August 17, 1892, 

Eevknue Marine Steamer ('orwin, 

Port of Unalaska, August 17, 1893. 
Commander R. D. Evans, U. S. N., 

U. IS. ^'. Yorhtoicn, (JomWg. U. S. Nural Force in Bering Sea : 

Sir: I have tlie lionor to submit the following account of the move- 
ment of this vessel since July 2;{«l, upon which date we entered, in 
obedience to your orders, dated .hily lOth, 1892, upon tiie unflnished 
duties assigned to the U, S. Kevenue steamer Albatross, that vessel 
having been ordered home on account of a defective boiler. The delay 
in the (JorxcUi's dei)arture upon this duty was due to a short trip made 
to the vicinity of False Pass, in obedience to your verbal orders to pro- 
ceed to and guard False Pass until the arrival of the Yorktown. 

At 4 p. m., July 23d, having made all preparations for a cruise, we 
hauled away from the wharf at Dutch Harbor, and taking the American 
bark General Fairchild in tow, steamed out of the harbor. Gave the 
bark an oiling of about 10 miles; cast off and steered for St. George 
Island in a thick fog. At daylight on the followiitg morning (24th), fug 
thinning out a little, made sail and stationed a seal lookout; wind 
increasing to a strong breeze. At meridian passed American whaling 
brig Francis A. Barker. Too rough to board her. At 3:15 p. m., fog 
very thick and sea rough, vessel, by reckoning, 22 miles from St. George, 
took in flying jib and topsail, and stopped engine; sounded in 50 fathoms 
wfiter, sounding every half hour, water shoaling gradually to 34 fathoms, 
when, the fog thinning a little, we caught sight of a small patch of sun 
and a minute later the land came in sight close aboard and we were able 
to recognize Sea Lion Point, near the east end of St. George. At 7:30 
p. m. came to anchor off the village ; too rough to connnunicate with the 
shore. The North American Commercial Company's steamer Bertha 
came in and anchored a few minutes later. She reported seeing a 
schooner oft" Sea Lion Rocks, St. Pauls, as she came away from the 
island. During the day scattering seals were seen increasing in num 
bers as we approached the island. 

July 25, at 1 a. m., we got under way from St. George and went >ver to 
St. Paul, where we arrived and " came to" off east anchorage at 6 a. m., 
weather thick, wind moderate from the west; saw scattering seals on 
the passage between the islands. Sent an officer on shore to communi- 
cate with agent. At 7 officer returned and reported the U. S. S. York- 
town at anchor 2 miles off" South West Bay. Got under way and went 
around to South West Bay, anchored near the Yorktown, and reported 
to you in person. The sea being too rough to admit of landing, both 
vessels changed position to east anchorage, where the landing was very 
good. In company with you a part of the day was spent on the island. 
In the evening the IJ. S. S. Adams came in and anchored for a short 
time. After communicating with the flagship and sending some mail 
for the island on board the Gorwin she got under way and steametl to 
the southwest. 

July 26, wind southwest with fog; sent on shore the mail for the 
island h;tt by the Adams and landed Mr. Townsend, who wished to con- 
tinue his observations upon the seals on shore for a few days. 

At your request I sent the seal-hunter, Hodgson, on board the York- 
toicn that he might be taken to Unalaska to identify Hanson, the nuis- 
ter of the seized schooner Witii/red, as the same man who when in 
charge of the schooners Adele and Bvrealis had raided the seal islands. 
At 11 a. m. got under way and steamed over to St. George; arrived 



REPORT OF CAl'T. II00r]:i{, DATKD ALGl'ST 17, 1892. 209 



and caino to anchor off the vilhijje at 3:20; found th«' North Aincricaii 
Coininorcial (Company's steamer Bertha at aindior. Wind fiesh south- 
west, sea ioii};li; couhl not make a hindiufj;; seals playiuj; ariuuid the 
vessel, but ii(>t numerous. Saw no seals between the islands Jive 
luiles IVom either. 

On tlie27th we lay atanehor ott' the settlement all day. Wind south- 
west and overcast. Sea s<»iu^down. Landed and eommunieated with the 
Treasury ajjcnt in charjie. [ observed a decided I'all- 
iii^- off in the number of seals on the r<»okeries on the '>'•'■••'•■'«'•'"«"•''«• 
ii(»rth side (►f the islaiul as compared with last year. I also observed 
a tallin^f (»tf of the number of seals in the water in the vicinity of both 
isii.iuls as com]»ared with last year. This is particularly nhticeablo 
when };«>in<;- back and forth in the boats between the vessel ami the 
shore, the numbers having' fallen off" jjfreatly. At 11 a. m., tlie TJ. S. 8. 
Ailams came in and aiudiored off the villajje, and two hours later the 
Mohican stood in; stopped olf the aiichorajie and sent mail for the 
ishiiid on board the Adamn, after which she proceeded in the direction 
of St. Paul. One fur-seal was shot fr(un the vessel for examination. 
It proved to be a thieeyear old male with an empty stomach. The i»elt 
was salted (Catalo<iue No. 1), Towards eveniu},' weather improving. 
At midnight got under way and steamed to the northward. 

At a. m. (L'Sth) hauled in for St. I'aul. At 8 uuule Northeast Point. 
SIcamed along the north side of the island. Saw mimerous seals in the 
water off Northeast Point rookery; 11:30 arrived off" the village, east 
anchorage, and came to anchor. The Mohican got under way as we 
arrived and steamed to the westward. Landed and communicated 
witli Treasury agent. Naturalist Townscnd returned to the vessel. 
we also took on board an Aleut to hunt during the absence of our reg- 
ular hunter. Atr>:30 p. m. the Adamft arrived and came to anchor near 
us; made an oflicial visit to her. At S p. m. got under way and steamed 
t(» tlu' westward during the night. 

At 9 a. m. the foHowing morning, lat. 5l-L'l N., long. ]72-3r> W. 
f.lidy 20th), stopped the vessel and lowered the otter boat and sent out 
Inuitiug party. The boat, being so badly fitted that she would do 
iKithing under sail, was called alongside again and hoisted up. Tiu", 
(lay was sjient iu getting the boat properly fitted. The step of the, 
mast was changed, the nuiinsail altered and a jib made, oars properly 
lit led, etc. In order to make our seiiliug outfit as elUcient as possible, 
a uood man was selected t'vom each watch to act as boat steerer and 
linat ]»uller. They were reli»'ved from night watch, and when not in 
tlic boat are recjuired to keep a seal lookout on the bridge in turn 
• very two hours from r):.30 in the morning until 8 p. m. 

At (Hie ]). m., lat. f»7-27 N., long. 173-32 W., vsent the dingy out with 
the Aleut hunter with orders to cruise till .1 p. m. At the time named 
slie returned with nothing. They rej)or;ca having .seen but two seals, 
li'ith traveling aud m(»viug too quick to be shot. No sleeping seals 
were seen duiiug the day. Between (5 and 8 p. m., 12(» to 13r> niilcis off 
^r. I'aul, numerous seals were seen — yearlings, two year olds, and tuU- 
uinwn seals; also saw a large uuiid)er of "killers" (Orca). 

•Iidy .30th, light southerly wind aiul overcast. At 3 a. m., having run 
Mp a distance of 200 miles from St. Paul, ran south until 8:20 a. m., 
^''laii St. Paul bearing E. by N., shaped course for it and ma<le fore 
i!i(l aft sail. At 10 a. m., moderately southerly breeze, made all sail 
:iii(| uncoupled propeller. Seals were seen at intervals during the day, 
i'ut few sleeping, the sea being probably too rough for them to sleep 
!iiii( li. At 4: p. m., wind failing light, coupled up propeller, seji going 



uuwn. 



12364 U 



210 



OFFK^IAI. KKPORTS. 




!';=! 



Soalx r,iii){)it and 
oxaiiiiiifil. 



.luly ;n, at «la.vli<,'lit, Int. 57-07 N., loiij;. 1 72-0!) AV., seals qnlto nn- 
iiHTouH, but not sleeping;. Sent ott»'i' boat out, but wlie retui immI at 
breakfast time with nofliiu};. Alter breakfast sent otter boat out, Nat- 
uralist 'i'ownsend volunteeriii;; to act as liunt»>r in place of the Aleut 
hunter, who on aecount of intlannniition of one eye could not slioot. 
Also sent <linj?y with (luarterniastcr to act as hunter. 
Each f;ot one seal, a three year-ohl male (Cat. No. li), 
and a femah^ of the same njH'. with milk (('at. No. .'{). 
The latter was sleepinj^- near the vessel and was easily approached and 
shot. Severiil shots were tired at playinjf seals and a few at sleepers, but 
only tlu^ two were taken. At I p. m., aftei' taking; up the boats, shiip<'d 
a cours*' for St. I*aul Ishind. Wind moderate, thick fo<; shutdown. 
About 4 p. ni., lilt. r)7-b7 N., lonj;. 171-4(i W., a three year-old mnle 
seal which canu' u]) near the vessel was shot and killc<l (Cat. No. 1). 
The three seals taken this day were prepared for mountin;;, and the 
ntcrus and udd<'r of the female presei'Vi'd in alcohol. The stomaeh of 
Mo. 2 was entin'ly enii)ty; that of No. .'{ containing the bones of some 
small fish. In tin* stomach of No. 4 was tbund only two small shells, 
each containing a. tiny hermit crab. 

At 7 :.'}() ]), m., calm and thick, came to M'ith a kedge in 40 fathoms of 
wati'r in order to maintain our position during the night. Fouml a 
slight easterly current. August I t'ommences with light easterly airs 
and thick fog. At 7:."?() a. m. hove uji ke<lge and steanu'd in slowly 
toward Otter Island, which by account bori^ ENE., distant 10 miles. 
At S:;}0 Otter Island, by account bearing ENE. 4 miles distant, lead 
indicating that we were somewhat nearer; fog very dense with no in- 
dication of clearing, shape(l course WSW. and steamed ahead. Saw 
seals more or less numerous during the <lay, but fog too thick to attempt 
hunting. Some came near enough to shoot from the vessel. Day ended 
with (hick fog. 

August 2 on WSW. course. Toward morning fog thinned out a little. 
At 8 a. m., hit. r)(»-43 N., long. 17.")-4() W., calm and overcast. Seals 
numerous. Stopi>ed engine and sent out boats. The otter boat in charge 
of a (juartermaster, and dingy in charge of Naturalist Townsend, who 
volunteered to go, the Aleut hunter being still troubled with an in- 
flamed eye. 

At meridian picked up boats, the dingy having two seals — one two 
year-old female (Cat, Xo. 5) and a three-year-old mah^ 

cx^nincT'^''* "'"' (t!at. No. (5). Tvro ,se;ih were shot and killed from the 
dingy and sank imine<liately. The uterus of No. 5 was 
preserved in alcohol; the stomaeli ctK tained eodtish. The stomach of 
No. contained lish scales and a sijuidbeak. The skin of each was 
prci)ared for nnmnting. JNlr. Townsend in the otter boat had sue 
eeeded in taking [i seals, one cow with milk (Cat. No. 7), a two-year-old 
male (Cat. No. 8), and a full-grown male, probably live or six years old 
(Cat. No. 0). Four seals escaped after being shot and wounded. The 
uterus of the cow (No. 7) was preserved in alcohol and the skin of each 
prepared for mounting. The stomach of No. 7 was empty. The 
stomach of No. 8 contained sipiid aiul that of No. J) squid and codtisli. 

After runiung to the westward about two hours, lat. 5r»-4r> N., long. 
17r>-r)8 W., the boats were again sent out hunting ami returned about 
5:30, the dingy with one seal, a cow with milk (Cat. No. 10) with its 
stomach tilled with codfish and squid. Two seals shot and killed from 

„ „ . . . dingy sank immediately. The otter boat brought four 

Snmo subject. r j^ ■ • ,. i -ii . . P ,^ 

seals, two virgin temales with empty stomachs (Cat. 
11 aud 12), aud two females with milk (Cat. 13 and 14). The stomach 



f[\\\\o, nn- 
turiu'd at 
t (Hit, Niit- 

tho, A It'll i 
not shoot, 
us liimtor. 
!iit. No. li), 
V.it. >'•». .'M- 

)iU'lH'tl iUld 

I'opcrs, but 
ats, sliaju'd 
sliut down, 
u-old male 
Cat. No. I). 
njjf, and the 
stomach of 
iios of sonu' 
iiuall shells, 

fathoms of 
b. Found a 
jasterly airs 
d in sl(>\vly 
nt !(► inih's. 
listant, h'ad 
L>i with no in- 
ihcad. Saw 
!k to attempt 
Day ended 

d out a little, 
cast. Seals 
)at in charge 
wnsend, who 
with an lu- 
lls — one two 
lear old male 
lied from the 
of No. 5 was 
|e stomach of 

of each was 

hat had suc- 

two-yearold 

Isix years ol<l 

lunded. Tlu' 

skin of each 
lempty. The 

and codlish. 
h.4r> N., lonji'. 
[turned about 
. 10) with its 
Id killed from 

brought four 
[muichs (Cat. 

The stomach 



KKPOHT OF CAI'T. IlOOl'KU, DATKD AUflUST 17, IS!)'/. 211 

of No. I.'l contained (isli (pollock), and tlial of No. 11 was empty. Tho 
skin of each was preiiared for inonnting. After taking iiplhe1)oats 
steamed ahead S. by 10. 1-4 l<). until ll:ir> p. ni., when a couist^ was 
sliaped Nl'i. by F'i. for St. Paul Island, distant 'J(M> miles. Numerous 
seals were in sight all day. Weather ealni and overcast. 

August 3, steering for St. Paul Island; wind light, sea smooth; over- 
cast and occasional fog banks. Numerous seals were seen iluriiig tln^ 
moridng watch. At S :.••(►, lat. ;{(I-LM> N., h)ng. IT.'.-.JS W.,sent .'Ut otter 
boat in » 'large of (Quartermaster iJusse. Mr. Townseiid voluntu'rcd to 
go in the dingy. At II :.'{(» ealled boats alongside. Mr. Towiiscnd 
brought ba<'k two seals, a lour year-old male (Cat. No. 1."i) and a cow 
with milk (Oat. No. 1(!), the stomach of each c(»ntaiiiing lisli, prol)aliIy 
cod. Two shot from the dingy escaped wounded. The. otter boat 
brought back one seal, a two-yearold male (Cat. No. 17), contents of 
stomach not i«lentilied. At 9 ]». m., stoi)|»ed engine for the night on ac- 
count of fog. August 4tli, thick log all (lay. Working toward llieland, 
sounding at int(?rvals. Soundings decreased from (ib to l."» fathoms; 
unable to make out anything. Seals scant tluring tin; day, but more 
])lentiful towards evening. At iS j). m. "came to" in 40 fathoms of 
water with kedge ami 80 fathoms of hawser. Calm and smooth sea, 
fog very thick. 

August 5th, at 3:30 a. m., alight NE. wind sprang up and thinned out 
the fog a little. Made St. Paul Island, N W. ( 'ape, bearing KSE. distant 
ab(mt six miles; got under way and steamed to anchorage oft" village. 
( 'ommunicated witli Treasury agent in charge. At 10 left for Tnalaska 
t(» coal up. At 10 :.'J0 stopped to <!ommunicate with the A' ».s7t and re- 
ceived from her our own hunter, wh(» had been sent ba(tk by you from 
Cnalaska. Wind fresh NK. At .{i.JO passed St. (Jeorge Islind; did not 
stop. Ordered full si)eed at starting in order to g(^t to Ciialaska, coal 
iiji, and get to sea the following evening if possible. August 0th, made 
Cape (Mieerful in a fog abimt 11 a. m. and at li p. m. entered t]w harbor, 
being too late to coal and get to sea the sam«^ evening. Went into tho 
inner harbor and took on board ships' stores remaining in the warehouse. 
Found iu port the British warship Papline, having iiKiharge the P>ritisli 
scaling schooner Mountain (Jhie/\ seized by the Adamst for scaling in 
r.ering Sea. No U. S. vessels were in the port, being all out cruising. 
The Adams was seen steaming to the eastwartl as the Coririn (entered 
the harbor. There was also in jwrt th<' s«'hooner Ilclen, of Seattle, \vith 
a party of prospectors on board bound for Goh)vin Hay, Norton Sound, 
and tlie American ship (ilori/ of tliv Seas discharging coal for the Nortli 
American t'ommercialCo.,at Dutcli Harbor. August 7th we remained at 
anchor iu the inner harbor all day. Made ofticial visits to the Daphne 
and later to the IJ. S. S. J/(>/ttm», which arrived from a cruise about 
midday. 

August Sth left the inner harbor at r):30 a. m. and steamed to Dutch 
Harbor and hauled alongside the wharf and tilled our bunkers from the 
coal pile on shore, also iilled tanks with fresh water. At 4 p. m. all 
ready for sea, but on account of strong westerly gale which was blow- 
ing we did not sail until the foHowing morning. 

August Dth, the wind having moderated, we left the wharf at Dxitch 
Harbor and steamed to sea. At 0:30 passed Wislow, steered west, and 
<'ontinued on that course till 4 p. ni., when the course was changtid to 
northwest. Seals .scant during the day; towards evening they ap- 
peared a little more numerous, some asleep in tho water and some rest- 
ing \\\)on a raft of drift kelp. 



ijT 



212 



OFFICIAL REPORTS. 



Aiiffust 10 comniOinoas with light airs and fogs; sea moderatiiif?; 
(Inriiifj tlie morn inj;' watch quite a luimbor of seals were seen, mostly 
tiiivclinj? an<l playiu};'. At 8 a. m. shajjcd course for St. Paul. At 8:45, 
lat. r}(j'3\i N., long. 170-10 W. seeing sle^'ping seals, stopped and seutout 

otter boat and dingy. At 11 pi<ked up boats with four 
• vaminoa""^''' ""'^ ^^''^l'* "' '>tter boat and one seal in dingy, all females 

with inilii (Ca\ Nos. IS to 22, inclusive). Nos. 18, 10, 
ami 21 each had its stomach filled with codfish ; tlie contents of st«miach 
of No. 22 consisted of fish bones only. The uterus of each was saved 
in alcohol and tlie skin prepared for mounting. At 4 p. m. arrived at 
St. Paul and came to anchor off the village cove (SW. side). Com- 
municated with Special Agent J. Stanley- Hi own. I found the breed- 
ing rookeries thinning out veiy rapidly, the females being away in 
search of food. At 4:30 the British steamer Melpomene arrived from a 
cruise and landed the British Commissioner Macoun. At 5:30 got 
under way and steamed up alongsi<le the west side of the island. At 
:.'{(), two miles of NW. cape, shaped (!ourse WNVV., took iu all sail 
and ordered 8- knot speed. 

August LI, seals scatteri rig during the forenoon. At meridian, being 
about 150 miles WXW. of St. Paul Island and but two seals having 
been seen since 0:45 a. m,, it was thought that we were beyond the 
limit of seals in this direction. Changed course to NE. by N. At 2 p. 
m., seals api)earing more numerous, stopped and lowered the boats. 

Sent the hunter out in the otter boat, and Quarter- 
(.xamim.r"*''''' ""^ master Basse in the dingy. At 4 p. m. called boats 

alongside; each had taken two seals, all females 
with milk (Cat. 23 to 20, inclusive). The stonmchs of 23, 24, 
and 25 were lilled with codfish, the bones of which Avere saved. 
The stomach of 20 was entirely eM)pty. One seal shot from tl)o 
ottc" boat esca])ed. The skin of each was prepared lor mounting. 
After taking up tlic boats we steamed ahead on a WN\V. course, occa- 
sicnnil seals Ix'iiig seen until 7 p. m., after which we saw no more. At 
](»:.3()]>. m., being 200 miles from St. Paul, and no seals having been 
seen for several iiours, and believing ourselves to be beyond the limit 
of seals in this diretition, sha])ed course NPl by N. 

August 12th occasional fog biinks, wind light and sea smooth. At 
5:3(>, St. Paul being southeast distant 200 miles, shaped course for it; 
seals scarce during the day. At 4 p. m., lat. 58-35 N., long. 172-05 W., 
having seen a few slee])ers, sent the boat out. At 5 :30 called the boats 

ahmgside. Tlui otter boat had one seal, a cow with 
sap.o Hubjoct. j^jjij, ^^ ,,|j.^ jr^^ ^,j.^^ ^ii^ stomach containing a small quan- 

tity of fish nearly digested. Tiu! dingy had taken nothing, hut just as 
the boats were being hoisted ii seal put his head out of the water near 
the vessel and was siiot und sccnred. Tliis proved to be a three or four 
yciir old male (Cat. No. 27) wiMi its stomach empty. Both skins were 
prepared for mounting. After taking up the boats a course was shaped 
for St. Paul IsliMul. At S p. m. orden'd O-knot s|)eed for the night; 
wind moderated and seasnu)oth. August ISth, at 0:30 a. ni., lat. 57-32 
N. long. 170-45 ^\^ stopped (engine iiiid .out out boats for an hour. 
The dingy got oiu', seal, a feniidc with milk, an<l the otter boat m.ne. 
Seals were nunu'rous, but the weiither was so (!alm and the sea so smooth 
thatitr was impossible to get near them; on aci^ount of long continued 
mild weal her tiu'y w<'re sleeping very lightly. 

At 1 1 a.m.arrivedandcanu't(KinclioratNortheastPointSt.Patil Island. 
A seal which came up near the vessel was shot and proved to bo a three- 



-^~\ 



REPORT OF CAPT. HOOPER, DATED AUGUST 17, 1892. 213 



, mostly 
At 8:45, 
sen tout 
rith tbin- 
females 
;. 18, 19, 
stomach 
as saved 
rrived at 
). Com- 
le breed- 
away in 
id from a 
5:30 got 
ivnd. At 
u all sail 

a]i,boinj; 
8 liaviiij; 
yond the 
At 2 p. 
he boats. 

Quarter- 
lied boats 
1 females 
f 23, 24, 
re saved. 

from the 

uouuting. 

use, ocea- 

nore. At 

|/ing been 

the limit 

looth. At 
irse f()r it; 
72-05 W., 
the boats 
cow with 
Inall (luau- 
|>ut just as 
iiter near 
•ce or four 
Ikins were 
as shaped 
be nijilit; 
lat. 57-32 
an hour. 
Doat Udiie. 
so smooth 
continued 

liuUsland. 
)0 a three- 



year-old male, with an eini)ty stomach. Half an lumr hiter the 7?<jH.,vr 
came in and anchored near; sent the hunter out in the otter boat with 
instructions to run off 10 miles in a noitherly direction and kill a few 
seals for examination. During the afternoon, in cimipany with Cajktain 
Nichols, of the A*<fH//cr, and Mr, Townsend,naturalist,aiul3rd Lieut. John- 

•okery at Northeast 



)f the Cor, 



shore to ^ 



th 



Viait to IN 01 
Fuiut rookery. 



, I went 
J'oint. We found the rookeries inhii 
pups and one aud two year old se.als, " 
being away from the island searching for food, and many 
of the old seals having changed from the rocky grounds of the breeding 
rookeries to the sandy beaches in the vicinity; nnvny pups were play- 
ing in the water, some swimming a short distance away froiu the sliore, 
and others remaining near the rocks as if afraid to venture too far 
away. Although parts of the breeding rookeries were deserted at this 
time, the space occupied by them when all were present is well defined 
and, compared with the spaces formerly occupied by them, the limits of 
which are still easily defined, shows the great decrease that has takeu 
place in their numbers. 

At 4 p. m. the otter boat returned with seven seals. 

The nine seals taken this day were numbered as follows: No. 20 and 
35, young males; 30, 31, and 33, virgin cows; 32, 34, and 3(», nursing 
cows; 37, old male. The stomach of each was empty, except No. 35, 
which contained a few small stones. The skins were prepared for 
mounting for museum specimens. 

The hunter reported seeing the carcass of an old bull with a bulh^t 
hole in his head, floating in the water, probably shot by a whaler, as it 
is not believed that there are any sealers in the sea. About 5 j). m. got 
under way and steamed around to the anchorage off the village tSW. 
side; on the following morning, August 11th, received on board Si)ecial 
Agent J. Stanley. Brown and his assistant, Mr. Chi«diester, and the res- 
ident priest. Father Lesnikoff, for trans])ortation to Unalaska. General 
Agent Tingle, of the North American Commercial Co., came on board 
lor transportation to St. Ge(U'ge Island. Got under way from 3t. Paul 
at a. m., and arrived at St. George at 2 p. m., and remained three 
hours, to enable Specnil Ag^nt J. Stanley Brown to attend to otiicial 
l)usiness on shore. At 5 o'clock got under way and steered south; 
moderate easterly wind and in.? weather. 

August 15th, steering in a southerly direction all day; saw nunuirous 



At 8 ]). ni. stop])ed engine and 



At 5:30 a. m, entered and 



seals. At 5:30 p. m. passed liogaslov. 
liove to lor the night 

August lOth, steanif'd aiiead at 3 :30 a. m 
canui'to anchoi in Cliernofski Harbor; visited the shore. Special Agent 
Stiinlcylirown tool-, attidnvit of tlie agent of the Alaska Commercial 
Co. and two Aleuts in vgard to i)elagic .ealing. At 8 a. m. got under 
way ai' -^ teamed to Unalaska, arriving at 2 p. m. 

The . „.ssel will be C( iled without unnecessary delay and proceed to 
coiiiplete the work assigned to her. In obedien(!e to your order the 
skins of the seals taken up to date, with skulls, stomach, <;ontents, etc., 
saved, have been delivered to Special Agent J. Stanley-Brown, who will 
Inrward tlu^jn to Dr. C. Hart iNlerriam, care U S. Fish Commission, 
\\'ashington, 1). i). 

i am, very respectfully, your obedient servant, 

C. L. Hooper, 

CiqUain, U. S. R. M. 



1. 1 



irr 



214 



OFFICIAL REPORTS. 



District of CoLrMniA, 

('iti/ of Washiiififoiiy us: 
(\ L. TI<M>i)('i', bciii;; duly sworti, dt'posoa niid says: 
1 iiiii tlie jM'ison who sij-ncd tlifi foregoing docuint'iit, and I know its 
contents to be t\\u\ The docunient is an exact transcn-ipt from a por- 
tion of tlic log, that is to say. the otlicial record of tiie voyage of the 
revenue steamer Concin, ex(!ept that a few clerical errors appearing in 
said log iiave been corrected and a few abbreviations, such as NVV., 
SW., »!tc.. written out in i'nil. 

0. L. Hooper, 
Capiain United States Revenue Marine. 

Subscribed and sworn to before me this 13th day of December, 1892. 



ill' 






'i 



hr'm 



Report of Captain Hooper, dated Scptcmher 6, 1S93. 

Revenue Marine Steamer Corwin, 

September 0, 1893. 
Commander Tl. D. Evans, 

U. S. S. VDrkloicn, Commanding U. S. Naval Force in Bering Sea: 

Sir: 1 have the honor to submit the following account of the move- 
ments of this vessel since the date of my last rep<n't, August 17. 

We coni])leted coaling on the ntorning of August 11), having filled the 
bunkers, and taken 17 tons on deck in sacks. Leaving the coal wharf 
at Dutch Harbor we steanu'd into Unalaska inner harbor, where 
Treasury Agent J. Stanley-lirown, his assistant II. Chichester, and 
Naturalist C II. Townsend left the vessel to take passage to Victima 
on the British transport Danitlie. At 2 :()(> p. m. we got under way from 
the inner harbor and steamed to sea. At 3:4.") stop|»edto speak Anieri- 
ciin Shi]) America in answer to a signal. The ship was becahned and 
the master requested that she be towed furtlua* out to sea. She being 
in a fairly good position for a wind in any directicui and in no danger, 
and it being important that the (■oruun get back to the islands and 
carry out the duty assigned her. this request was not comjdied with. 
The following magnetic bearings of prominent points taken at the time 
show the position of the vessel: I'riest Rock, Kalakta Head NE. x E 
A K. Waterfall, C!ape Cheerful SW. x W. J W. Ulakta IIea<l SSK.- 

Proceeded on our course for the islands. Half an hour after a light 
SW. wind s])rang uj) and as soon as we opened out past Cape Cheerful 
ft heavy westerly wind was encountered. 

On thel'bth wind from NNE. to N\V. ; weather overcast and at times 
foggy ; runningforSt. George Island ; scattering seals w^ereseen through- 
out the day, At 1 j). ni. caught a glimj)se of what was supposed to be 
liind and hauled in NE. for it. At 4:50 hearing breakers, stopped and 
sounded in 33 fathoms; fog lifting a few minutes later nuule laiu! near 
Dalnoi.and at (1:15 p. m. came to anchor off St. (icorge village in 7 
fathoms of water, too rough to land; remained at anei <' duri!ii,<4 the 
night. On the 21st, at 4 a. in. got under way for St. Pa.'' I.-dand and 
arrived at 9:30. Landed 2nd Lieutenant D. J. Aioi^v -Mth to >\i. <-s 
special agent, relieving Special Agent J\lurray in obedit uce iu orders 



b kv. 



T,..-«i6«.*!»fc**^' 



Fumalo aetCa tukeu. 



RKPORT OF CAPT. HOOPER, DATED SEPTEMP.ER fi, 1802. 2 If) 

trf)m tlio lioiiorable the Sccrotary of the Treasury, At 11 a. m. s<»^ 
iiiHlcr way and stood ottshore on a W. by N. course. At 2 p. ni. stopiu'd 
('iifjino and made fore and aft sail. Sent otter boat and ilinjjy out to 
hunt. At 5 p.m. called boats alongside; eacili boat had taken two 
seals, all lull grown females, three nxirsing cows, and 
one virgin cow. During the evening seals were plenti- 
ful. 

August 22d running off on a W. by N. line; sea smooth, wind moder- 
ate; but very few seals seen during the morning. At meridian St. Paul 
liore about E. x S. 190 miles distant. At 1 p.m. changed course to 
WSW.; at 0:30 saw one seal, the only one seen during the day, after !'» 
o'clock a. m., although a careful lookout was kept at all times. At S 
]). m. St. Paul bearing E. J S. distaiit 260 miles, changed course to 
SSW.: wind variable during the night with occasional squalls. 

August 22d at 8 a. m., St. Paul bearing E. x N. J distant 305 miles, 
( lianged course to SSE ; wind westerly, fresh, and weather squally. 
At meridian St. I'aul bore ENE. distant 305 miles. 

At 10 p. m. St. Paul bore NE. ^ distant 28.5 miles, shaped course for 

t^. During the sixteen (16) hours of daylight this dry the v(^ssel 

steamed 146 miles on the track indi<!ated on the chart from lat. 57'^ 28' 

\., h)ng. 179° 13' W. to lat. 55° 18' K, long. 1780 39' W. without seeing 

a seal. 

August 24th, steering NE. ^ N. for St, Paul Island, at n-.eridian, 
L'OO miles distant; during the forenoon, weather line, sea moderate; 
later in the day, wind NVV, fresh and squally, sea making u]); t«»ok 
in light sails and reefed nuiinsail; saw no seals until 3:40 p. ni., then 
only a few scattering individuals. During the night wind hauled to 
N 10., si)eed fell down to 5 knots. 

At 6:45 a, m., August 25th, St. Paul bore NE. A distant about 50 
iiiil(\s, strong head wind, vessel making but little headway, decided to 
make a fair wind of it and run another line off shore. 

Accordingly changed course to SE, and ran 12 miles. At 7, St. Piiul 
licaring IS'NE. ^ E. kept away to SSW.; J W. ; made all s(|uare sails; 
no seti'S f-iiiu during tlie morning, running off" under all sail Ix'fon^the 
win*' At i p. m, having seen no sealsduring the day, changed course 
In 'a^t At 8 p, m. hauled up to NNE. and later N. x E. i E. Vessels 
■l(, e i-nnlfil on port tack under fore and aft sail. Wind moderated 
iiunug ti ^ night. At daylight August 2(5, wind freshened with squalls, 
and bar;, '( ' !• falling. At 8 a, n), kept away for St. (leorge Island, 
and about I j>, m. came to anchor at Garden (Jove in 9 ftitlioms water, 
starboard anchor and 45 fathoms chain. Later in the day wind in- 
rrcased to a fresh gale, veered to 60 fatluuns on starboard chain. Scat- 
ii red seals were seen in the morning watch when about 40 miles from 
St. George and during the forenoon as we approached the island, but 
only in limited numbers. 

We remained at anchor at Garden Cove during the night. Wind 
li' ving a fresh grde with occasional ? eavy squalls. At daylight on the 
.1' ii'iig of the 27th wind moderating a little, barometer rising, and 
wt'.il; 1 •• altogether showing signs of improvement. At 11 a. in., the 
;;';'.ii> k tvin^; abated, we got under way from Garden Cove and steamed 
around to the village, but finding the sea still too rough to make a land- 
in?; at that place, kept on for St. Paul; arrived and came to anchor off 
\ illageCove at 5 p. m.; found the Rush at anchor, she having arrived 
tlic day previous from a cruise to the eastward. 



"! 






f 



■'I 



I' 



. . ,«-jJ,»»*K*«Wli"'"'T*W.^''i*^' ■' 



L£:aP^;®^=53f^ 



21G 



OFFICIAL RKPORTS/ 



i 



M 



m 

m 



'i ^> 



Mi 



Bent an officer on shore to (ionnnnuicate with Acting Special Agent 
Ainswortli, who rejiorted everything in a satisfactory condition. 

Sun<hiy morning, AngustL*8, got nnder way at 4:30 a.m., and ran off- 
shore on a NVV. x N. line. Scattering seals were seen during the day 
until towards evejiing, when they di8a]»]ieared entirely. At 8 p. m. 
changed course to E. x N. J N. At midnight St. Paul bearing S. x E, 
distant 120 miles, shai)ed course for it. 

August 29, wijid SE. increasing to a fresh gale with a heavy cross 
sea, vessel under double reefs, engine sto])])ed, saw a whaling bark to 
the northeast, saw no seals until 8:15 a. m. when 70 miles distant from 
St. Paul, and only scattering individuals during the day; towards mid- 
night wind moderating and hauling to the southM'ard. 

August 30, at 1 a. m, steamed ahead under slow-bell on account of 
the old SE. sea, which has not yet gone down. Course SE. x E. At 
10:30 passed west end of St. Paul inside of Otter Island; no tiagui) at 
either anchorage to indicate tluit a landing could be made, steamed 
ahead f«u' St. (Jeor;.: \t 4 p. m. arrived and communicated with Spe- 
cial Agent Lavendc, 5:30 got under way from St. George and 
shaj)ed course for Un: ^a. Saw the Rush steaming in towards the 
anchorage as we steamea away from the ishunl. At 6 ]>. ni. passed 
east end Of St. George, light SW. wind, sea smooth, weather dear and 
pleasant; made all sail an<l ordered full si)eed in order, if possible, to 
reach Unalaska before a change in the weather, the vessel having less 
than two days' steaming coal on board. 

During the time the Coririn has been engaged upon the unfinished 
'. Ml 1. ''^'^^^'^ ^^^ the Albatross, i'iin-ying: on investigations in 
cruTse^^VuvostiKii regard to pelagic sealing, she has steamed4,023 miles, 
lions, how ( an iodoi). (.jurying tut, as nearly as wind and weather Avould 
permit, the i)lan indicated in Department instructions, that of running 
radial lines from the seal islands corresponding to each point of the 
compass. These lines were extended to a distance of 200 miles, or 
until no seals w«!re seen. The track of the vessel while i)ursuing these 
investigations, with the ])ositions in which seals were taken or seen, 
and all data collected i)ertaining thereto, will be found on the accom- 
])anying chart and tabulated statement. The line run in a west by 
north direction was extended as indicated on the <;hart in a westerly, 
southwesterly, southerly, and southeasterly direction, crossing the lat- 
itude of the seal islands at a distance of about 300 miles, and crossing 
a line connecting the Pribilof and Commander groups of islands at 
about the same distance from the former group, nearly midway. 

During the run of 400 miles from Lat. 58° 22' N., Long. 177° 42' W., 
to Lat. 55° 38' N., Long. 174° 23' W., no seals were observed, although a 
careful lookout for them was kei>t at all times. 

Numeroxis seals having been found in these latitudes at a distance 
of 300 miles, I infer that the western limit of the range 
of the Pribilof herd of seals is between two and three 
hundred miles from the islands and that the herds 
from the Pribilof and- Comnmnder groups of islands do 
not mingle, but that between the limits of the farthest range of the 
two herds there is a zone which is unoccupied by seals, except i)ossibly 
a few stray individuals. Seals were taken at all distances from the 
islands when sea and weather i)ermitted. Forty one 
(41) in all were taken. Dividing that part of the sea 
over which the Corwin cruised into zones of 10. 20, 30, 50, 100, 150 and 20(Ji 



Wosterii limit of 
Alaskan seals. 

nerds do uot mingle. 



Seals taken. 



1:1^ 



il Agent 

II. 

1 ran ofT- 

thc day 

8 p. ni. 

|rS. xE. 

ivy cross! 
>• bark to 
Dvmt from 
irds niid- 

cconiit of 

X E. At 

[las "P «^^ 
, steanuMl 

with Spe- 
,'orf>e and 
tvards the 
la. passed 
clear and 
t)ssible, to 
living less 

iinfinislied 
nations in 
,(523 miles, 
er would 
if running 
nt of tlie 
niiles, or 
ling these 
n or seen, 
llie acconi- 
a west by 
westerly, 
)g the lat- 
^l crossing 
slauds at 
ay. 

^6 42' \V., 
jlthough a 

distance 
Ithe range 
land three 
the herds 
Islands do 
Ige of tlie 
ft i)ossibly 
'from the 
Forty one 
^f the sea 
50 and 200 



REPORT OF CAVT. nOOPI':R, I)AT?:i) SKI'THMUHR 6, 1892. 217 

miles, 1 lind the ])erceiitage of seals belonging to the dilVercnt cate- 
liories taken in tlie dilfcrcnt zones as lollows : 



In iiiilt> /one 

l'.ir,.i,t„-o. 
JO mile zoiii' 

I'cii rlitii;;e . 
;io-inilo zniir . . . 

IVrci"iita};(; . 
riO-iiiilt! Zdiu' 

I'cn'cntii'.'t!. 
liiOinili- ziMif. .. 

I'iM-cciilaKC. 
I.'pO mile zmii'. . . 

IVrieiitiiKO . 
'J 'Uinilo zonr. . . 

I'orcentayi) . 



CM 
inaluH. 



1 
11,', 



Voiili^r Nili:<iii;; Vii;;iii 



iiialoa. cows 



2 

223 

1 

10 

1 

101 

1 

so 
1 

r,o 

• » 

(IGJ 

I) 
21 



H 
80 



COW8. 

;i I 

•,'>3 I 

1 ! 

10 i 



Tutiil. 



n 

100 

10 
100 

1 







100 


1 

50 
1 





2 

100 


50 
1 




100 


57 




3 

21 


100 
iuo 



llairen cows are omitted from the tabic, none having x,, b 



-een found 



iiorine; 



Sea. 



fuiiml. 



arri'ii ci, « » 



( )\ving t the shortness of the jtcriod during which the investigations 
l;avc bee'i in i)rogress and to an unfavorable condition of the weather 
(luring the latter part of it, strong winds ])rcvailing nearly all of the 
time, only a limited number of seals were taken in some of the zones. 
It is interesting to note that more than 50 per cent of 
;ill seals taken were nursing cows, and that a large ]>er 



V 

ing 



,'rcpnt 
oow? 



tape of mirs- 



Disf lilm tiou of 



( tMitage(.")7 per cent) of nursing cows were taken in the 
200 mile zone. The distribution of seals in Bering Sea during the sum- 
mer ai)pears to be dei)endent upon the food supjily, 
;is furnished by the surface squids, and while seals are ^^..^,^ 
loiind at certain localities in greater abundance than 
iit others, 1 do not believe their ])rescace is constant, hut varies from 
time to time, being contr(»lled by the supi)ly of fi.sh. 

It will be s«'en from the tabulated statement that in a majority of 
discs the food found in the seal's stomach is codlish. 
Sumo of the seals taken bvus, in the stomach (»f which i""'"' fo'i'i'iiost*""- 

* lie lis 

Kidtish was found, were in sixteen liiindied fathoms of 
wnter wlien taken, a dei>th. of course, to which a seal could not go. I 
inter, therefore, that codfish, although abottom lisli,ai)pioaches the sur- 
lace at times. 

I'^roin my observations in I'ering Sea at this time, 
;md in the I'acitic Ocean earlier in the season, I amc(»n- 
\ iiiced that the fur-seal de])cuds ehietly upon li.shes taken near the sur- 
tace of the water and S(]iii(l for food, notwithstanding the fact tliat 
sliells and small rocks are fi'e(|nently found in the seal's stomach. Theso 
things arefre(|ueiitly found in the stomach of the ctMllish, and il 's likely 
I hat they are taken into the seal's stcnnach while eating codfish, 'i'lie 
Mais seen in IJering Sea at this time of the year, being ( hii'tiy nursiiig 
I ows, are extremely tame, sleep a great deal, and can 
111' readily ajiproached within shooting distance and ^.>|"jHi"st"".siaHiiy 
aic easily killed. 

Ihe rajiidity with which seals sink after being killed api)ears to de- 
jicnd uiion their ])hysical condition — a fat seal tloating 
more than a lean one; the supply of air in the lungs at 
the time of death, ami the iiosition of the seal in the water when killed. 
As u rule the seals we lost by sinking sank immediately or within u 



Kind of food. 



Sinking (if hi'hIh. 



v ri^VfEpw^^^'.'wrwTiHwiivjiwavni 



ssa 



> n 



r 



218 



OFFICIAL REPORTS. 



No 
taken. 



Pelagic birth. 



iniiiuto of the time they were hit. Our total loss by sinking and wound- 
ing was 36 ])er cent. 
During the period covered by my investigations in Bering Sea no 
gravid cows have been taken nor have any of this 
gravid cows yg^r'a j)up8 bcou sccu In the water, save along the im- 
mediate shores of the rookeries, where they were learn- 
ing to swim. In this connection I have to state that in my judgment 
the origin of the erroneous impression that a mother .'••'^•il sometimes 
gives birth to its young in the water is a<.ij ^x^ > "...yu 
that the young seal grows but little, if any, from the 
time it leaves the island in the fall until it appears off the coast of Cal- 
ifornia, Oregon, and Washington in the spring. 

The long journey from the seal islands to the coast of California and 
northward to the Straits of Fuca (the location of the origin of the theory 
that seal pups are born at sea) is undoubtedly a hard one for tiic young 
seal, and during the long swim of over 3,000 miles he grows but little, 
if any; loses much of the babyfatthatitstarted with, and arrives off tl»e 
coast of Washington and Vancouver Island instead of a round, fat, 
rather clumsy looking animal with a black coat, a slim, graceftil little 
fellow of a dark-gray color, full of life and activity,and actually appear- 
ing smaller and weighing less than when it left the sen' lands. O \e 
taken by the Cortr in off' Vancouver Island in April last, which appeared in 
no wise different from hundreds of others seen by us, weighed, as taken 
from the water, but 14 pounds. 

In view of this, no wonder that the pilots and even the Indians in 
the vicinity of the Straits of Fuca mistook them for newly-born pups. 
To these people, never having seen the newly-born pups, which are not 
found on the coast of California, Washington, British Columbia, or 
Al.i ska, except upon the Pribilof Islands, the change in color which 
would at once indicate to a person familiar with the subject that they 
were "last year's pups "would be unnoticed. In myjudgment this theory, 
which was readily adopted by interested parties, had its origin in this 
simple and somewhat natural mistake of a few ignorant people. I find in 
general, as one of the results of my investigations, that 
more than two thirds of the seals taken are cows now 
having young or capable of bearing them at no distant day; that it is 
impossible to discriminate as to age or sex of seals while in the water, 
except in the case of young pups and old bulls; that even under the 
most favorable conditions a large percentage is lost by sinking or wound- 
ing, and that by reason of the tameness of the nursing cows, which 
form the larger part of the seals seen, pelagic hunting in Bering Sea is 
pecidiarly destructive and unless stopped will wholly exterminate the 
already greatly depleted herds. 
I do not believe that it is possible to indicate any zo-jul limit in Ber- 
ing Sea beyond which pelagic sealing could be carried 
insuffldont."" ^^ """* OD, and at the same time preserve the seals from com- 
plete annihilation. Further, I wish to renew a state- 
ment contained in a former report made to the honorable Secretary of 
the Treasury, that unless supplemented with i)rotec- 

^Mgar*'""'"^**^*^*^ *^^^^ "^ *^® Pacific Ocean no amount of protection in 
necessary. Bering Sca will preserve the herds. 

We arrived at Unalaska on the evening of August 31. Since leav- 
ing Sap Francisco on March 9 the Coricin has steamed 
16,200 'miles, and 8,713 miles since the date of my re- 
porting for duty as part of the Bering Sea fleet. Of this distance 5,567 



Pelagic sealing. 



Distance traversed. 



and woui)d- 

ring Soa no 
iiiiy of this 
OH};- the im- 
were h;arn- 
j judgment 
I sometimes 

y, from the 
oast of Cal- 

tifornia and 
f the theory 
r the young 
s but little, 
rives oft" the 
. round, fat, 
aceftii little 
illy appear- 
anda. (> le 
appeared in 
id, as taken 

) Indians in 
born pups, 
lich are not 
slumbia, or 
color which 
!t that they 
this theory, 
•igin in this 
e. I find in 
atiou8,that 
i cows now 
r; that it is 
the water, 
1 under the 
g or wound- 
ows, which 
jring Sea is 
:minate the 

niit in Ber- 
[ be carried 
1 from com- 
ew a state- 
iecretary of 
ith protec- 
otection in 

Since leav- 
as steamed 
e of my re- 
itanco 5,507 



|Iii<'lo«ur<> No. 1 ill report, of Septeiiibfr (!, 18M 
8TATKMKNT <>K •'-lAI-S TAKEN liV IIIK IT. .<. KEVKNUE .STKAMEK I'OHWIN IN HEKlf 





Po»itiou. 








Metco 


rology. 










•Seals taken. 


Date. 

1 


Wind. 


i 

& 

4 

3 
■J 

2 1 
o 1 

3 i 
1 

1 


2 








I 





1 
1 
1 


3 
2 
3 
3 

t 

1 
1 
1 
1 
1 
1 
1 
1 
2 
2 
2 

i 
2 
2 

2 
2 
3 

1 
' 1-3 

3 
4-11 
1-;! 
3-4 

} 

1 

1 

5 
5-6 

4 

5-6 
2 
3 
8 
1 2 
3 


1 

c 

f 

r, 




t 
/ 

• 1 

II 

(t 
II 

• 1 
II 

t 



t 

tU)f 

't 
t 




f 

r 
f 

t 



f 
I 
I 

it 

f 
t 


Clouds 

Fog 

Nim 

Fox 

(;ir. eum . . 
Cum. sir .. 

Cum. niui. 

I''";; ■ 

Cnu). sir.. 


1 


Thermoine- 

Irr. 


i 



1 


1 


1 

i 
. 1 


u .B 

; S 


to 

a 

'r. 
u 

3 


s 

a 
£ 


09 

t 

! 'tic 




s 




1 

1 


1 
"a 

s 


X 

V 

cr 






0^ 


1 

July 24 I 
25 
2fi 
27 
28 
29 
30 
31 

31 1 
31 

Aug. 1 

2 i 

2 1 

2 

2 

2 

2 

•> 


Lat. Lonij. i 


SSAV 


2't 86 


^*' 


.'•»i ; ifi 


M 
U 
M 

S 

1 " 

Ti 
s 

L 


No 


1 
1 




ssw v.... 

S\\V 1 

AVSW .... 

SSK 

Siiuth 

Calm ...v. 

WcHt 

Calm 

■' 

>i 

AA^-8t !!'.!! 

Calm 

NNK 

KE 

A\' 

,SS\V 

S\V Iv .... 
Var : 

North' .... 
NAV ..'.'.'.. 


29.8(1 17 47 42 
29.50 If) 40 44 
29.70 .^2 r.l 44 
29.85 51 ,')ll 44 
30.17 50 54 48 
30. 36 50 49 4^ 
30.40 5J .'pI 48 

30.46 52 51 48 
30.40 52 51 48 

30.48 ~<G 54 48 
30. 40 " 59 : 5.S 50 


F'artlv.. 


... 1 












56'J 58' N., 1 70 ' 5' \V j 

St. (Jcinge III., iicring St'a \ 

St. Paul iMlanil 

.57^2;;' N., i7;p 18' w ' 

n7^18'K., 175^48' AV 

Lat.57°7'X.. Lo. nr-- 46' W 

Sbiho ! 

57° 6' N., 170° 50' W ' 

57° 1' N., 171° 30' W 

5fi° 43' N., 17,'r^ 40' W 

Same 


No...'... 

Yes 

Partly . 


'ii.""! 


i !!.. 


— 


— 




'shot . 
















u !■""■ 












Yes 

It 


2 !--!! 


1 










Shot . 


3 

4 






1 







11 




1 








.1 














Yes 

II 

Yes""!! 

U 
II 


5 ;....'.... 
- ' 1 


.... 


. .. 


1 


Shot . . 




1 


7 

8 


1 






1 






II 


Sanip 


t( 


.j ... .... 




1 
1 








,1 


" ..: 1 i 


9 .... 








II 


^fio A!\' AT I7VJ fiK' AV 




! 1 i 


10 
11 
12 
13 
14 
15 
16 
17 






' 






1. 




•' ..• ........... 








1 

1 


II 




" ..i '....„...... 








11 




'• ..t , . '....!.... 








\ 




1. 


'J 
















,, 


Aug. 3 
3 
3 

Aug. 4 

6 

7 
g 


50°2!)'X., 173^ 1)8' \Y 

Same 

Sauio 

Near St. I'aiil Island, bet'oggiKl 

56° ■>-' N., 170° 8' \V 

Capo CheiTtiil, SxE. 1 inile 

Uiialaska 

Sanio 

54° 17' N.. 167°:!8' W 




30.20 61 ! 61 i 54 




1 










.1 




1 






,, 




1 i ' 




1 






,. 


!'""(-' 

(Jiiiii. .-^ir.. 

Nim 

(Juiii. iiiiii. 

Nim 


29. 86 56 i 54 ' 49 
29.69 51 .50 ! 50 
29.50 54 ' .53 1 48 
29.67 55 : 53 i 54 

30. 10 , 54 53 1 52 
30. 14 i 52 i 51 i 48 


..-.1... 










J*artly .. 














i! OS 




.... 


.... 


















. ..1 









M 

S 

ki 

i> 
ii 

1 1 

il 

11 

l( 

n 
II 

...... 


No 






!!! t!" 




■ 


10 
10 
10 
10 
10 
Aug. 11 
11 
11 


56° 32' N., 170° 10' AY 


29.98 1 63 


52 [ 50 
1 


Yea 

il 

Ii 

*' 


18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 








1 

\ 

1 

1 

1 1 

1 

1 

1 



1 






Shot . . 














" 1 






— 










I. ■■ 




'I 














... 


, ' ' 




■ ' 


i.... 









,^ ' ' 


58° 58' N 1 73° 44' W 


Ciiin nim. 

Vnm. sir. . 
Cimi. aim. 

■; : 

(!iini. Rtr.. 
Cir. cum.. 
(!iiiii. sir.. 
Cum. niiii. 
Cuui. sir. . 

Niiii 

Cuui. .sir.. 


30. 12 55 54 
1 


50 






,, ■ ■ 


Saroe . 


! 






SlllMO 


1 




' 1 




J J 


11 

Aug. 12 

12 


Saiiio 

.'■)8° 3:V N., 172"^ 5' AV 

.Sanm 


...... ..'.'.'.'.\'.'.'.'. 

so.'ieVni' 50 

'so.' 32' . ! '56' 


'56' 
'48' 


!!!!|"i'!!!! 


— ' — 


>i 


Aug. i:i 57° :i2' N.. 17MO 45' \V 


29 ....1 1 


. 




13 
13 
13 
13 


57° 22' N., 170° 5' AY 


30 
31 
32 
33 


........ 






Same 


SE.'.'.'.'.'.'.'. 

viir' ';;.'.".' 

.XN'W... , 
s\v 

NNK 

AVSW .... 

XW 

Nortberlv 
NW ....'.. 
West .... 

SSW 

SKly .... 
Westerly - 
SSW...:. 









1 1 


'i': 


.... 


Sauie 








, 1 


• 




13 


Same . .- .... 








i( 
ii 


;t4 ; " "i '"i"i 


— 1 


13 










35 11 


■ " * ' 






13 


Same 









30 
37 






1 ; 


....|.... 


13 


Same 

DalnoiPt., St, tJeoree, SxE.J E. 8railt'8 

54° 2U' X., ](i8° 50' AV 

OapeMakiiHkin S.J AV. 10 miles 

t'liulaska 

Same 

Same 

r>fio H' N., 160° \V 

57° 17' N., 170° 58' W 




........ 





ii 




; 1 


Aug. 14 
15 
16 
17 
18 


30.32 51 50 1 48 
30. 36 57 55 j 52 
3(1. 44 57 55 : 48 
30.36 05 : 63 i 58 
30. 12 : 01 : 58 ' 50 
20. 07 58 .54 : .50 
29. >i6 1 52 51 .50 




1 1 


II 

" !!!!! 





!!!!i!!!!!!!!i 
•■•■1 




1 -4 


19 


H 
M 

S 

M 
M 

11 
M 
L 
U 
11 
S 


No !.... 




1 




20 


No 








21 


29.82 


57 i 54 1 48 


Yes 

No 

No 


38 


1 i 






Shot.. 


21 




39 
40 
41 




1 

1 




21 


Same 


• ■ 




i i 




('•'■)■ 


21 


Same 


■ • 




. '..;'i' . 






Aug. 22 
23 
24 


! 
.58° 35' N 175°42'AV.. 


Cir. riini.. 
Cum. uim. 
Cir, rum.. 

Cum. nim. 

Cum 

Cum. nim. 
Cum. uini. 

Cir. cum.. 


29. 82 
29. 84 
29. 72 
29. ()2 

29. 04 

30. 22 
30. 3(i 
30. 04 

29. 96 

30. 30 


52 ! 48 48 

51 ! 50 i 50 

52 , 50 48 
.'i;-; 51 49 ' 
50 ' 49 49 , 
54 52 : 48 
54 53 ; 50 


1 i 




56° 25' N . , 1 79° 36' \V 

55° 20' N., 175° 12' \V 


\ 




25 


55° 50' N., 172° 23' AV 


26 


.56" ;!2' N.. 169° 45' AV^ 

St. (Jeorge Id 

58° 5' N., 170° 51' W 

58° 1' N.. 170° 55' AV 

Dalnoi I't. SE., Otter I., \V. J S 


" 


!!!!!!!!!!!!'!'•• 




— 




27 


" 


....1 '/..I 




'■* i 


28 


Partly . . 




/ 1 






''" **! 


2!) 
30 
31 


51 50 j 
49 , 48 I 


48 1 

40 

48 

i 

1 


No 


....j :.... 

1 1 


.... 














[I'l 


[11], 




[22] 




mi 





o Ovoreast. t Thick. / I- iiir. 

Note It is not intended to indicate by this scheduh' lliat tlie iillcm)il \ 

the conditions were favoroble and etlbrt was directed chielly (o deienii.ain}; 



c Clear. S Smooth. L Light. M Hodera 

•:is mailn to secure all seals seen. Tho.se oijtain.Mi represent bm a small percentaee of thi 
tin- laiifje ol the seals aud not to BBcuriug large numbers. v*.w«ei, u4 mi 



J certify that all data contained in thia statement are correct iiud irui to ilie best of my r, i.owledge and belioC. 

C. L. Hooper, 

Captain, U. H. H.^M. 

12364 To face page 219. 



. 1 ill report, of Septombor fi, 1892.1 

rKAMKK COinVlV IN IJKHIJKi SEA KUOM Jfl.Y LH TO SEPTEMBKIl 1, 18P2. 



Seals taken. * 


a 

o 
a 

•3 

a 
1 


Lost by sinking. 


Stomach. 




> 

5 


2 60 

E " 
5 g 


1 

M 

a 
■t. 
u 

3 


i 

1 

a 




1 

' % 

1 « 


M 

a 

P. 


is 

, a 


^ a 

Si 

11 

5 ^ 
S-5 


i 

a 

'Si 

sf 

o 

n 


Category. 


T 

1 


a 

9 


Contents 


Remarks. 




1 

1 


















i Took no seals. 

ti (1 tt 


















1 


























1 












U It il 




1 






. . . . 




Shot . . 


W 


! ; \ ■ ■ 


• 


~ 






12 lb. skin. 












' [ ; 




















• ,... 1 , i..... 






il II II 


■■i 












! 


1 












1 










Shot . . 

11 


s 
w 


2 








1 — 






From this date all skine prepared for 

mounting. 
Saved uterus and udder. 






1 








1 




-V 

^- 


Snuilltish bont'N (.saved) 
2HiiiaU .shells; hermit 
crab in one. 












2 




; " 






. .. 






1 ! 






Took no seals. 
Saved uterus. 




... J . . . 




1 


Shot . . 

il 

14 
.4 


s 

s 
w 

il 

s 


5 


2 liii.. Shot.. 


1 


1- 


Coiltlsh 












i 


Fish scales and 8i|uid 
beak. 






1 








1 








Saved uterus. 


















+ 
+ 


















. ... 


Cocflish and Siiuid 

Codlish and aquid 








1 






1 


2 1 111 . . Shot . . 
















1 
1 

















1 


















1 






"I I 


+ 






















- 












.... 






3 


. 1. 




+ 
+ 
+ 


Fish 


4 years old; shot twice. 
Shot twice. 
2 years old. 
Took no seals. 














*\)flfi**li 




















Slush, not identified .. 


















.. 



































' 

























.... 


















In port. 









. .. 





























.... 






















Took no seals, 
rterus saved. 






1 

! 

1 1 






Shot.. 

'i :: 

^ 

! 


W ' 1 


1 


1 ni . 


Shot 






X 

+ 


PimIHu)! 











s 

11 

w 

s 

(i 

w 

it 

u 

ii 










.. 

















,1 






. . . . 






... 








,1 












i 




yew pieces fish 








1 
1 
1 

1 






1 







"f 

+ 
+ 
+ 































It 










! 


— 






.. 1 











■ * * ' 








i 


: 








+ \ 


Fish 




::L!.:::: 






2 




— 






::::::i::;:-i"i::::. 

















;:::;;:::: 


— 1 

1 1 










— 






..! 1 1 











i 




+ 


Few small stones 







1 ; 

.'.'.'a 


1. 1 

1 




.... 


i 

1 




— 


Ko seals taken. 

II .1 li 


-■! 


• — ; 

\ .... 
1 .... 
1 


... 


Shot!.' 

i 


il 

s 




"'i' 








2ni..' Sliot .. 

1 


OUl male.. 




f^ 


Fisii;;!!!!;;;!;;;;;;;: 


Left TJnalaska about 1 p. m. 


; 1 


Uterus saved. 




......j 

1 iiiji 

r I : i_ 




1 
[22]; 


1 


(?) 

ml 


1 
i 

i 

i 


" " " *l 








i 

1 

i 


+ 

+ 


Fish '.V.....V/... 

..'.......\ 

! 
1 


rterus saved. Signs of recent impreg- 
nation. 

Took no seals. 

Il .1 II 

It II II 
It II II 
11 11 It 
.1 II 11 
ti .1 it 
It It It 
II 11 ti 

Arrived at L'nalaska; season's work 
finished. 



M Moderate 



R Rouiih. 



H Heavy. 



W Awake. 



S Asleep. 



^ent bu, a small percentage of those that were Been and could have been tak.;a. The exigencies of the investigations often fo-bade hunting, even when 



C. L. Hooper.- — • 
Captain, XI.S.B,m^ 



m 



m 



■■f- 



1 1' 



Hi 



i 



Aug. 



Aug. 



Aug. 

Aug, 
Aug, 



Aug 



Aug. 



3 

3 

;t 

4 

.') 

7 
8 
» 
10 
10 
10 
10 
10 
11 
11 
11 
11 
12 
12 
lit 
13 
13 
13 
13 
13 
13 
13 
13 
14 
15 
16 
17 
18 
10 
20 
21 
21 
21 
21 

22 
23 
24 

2,5 
26 
27 
28 
29 
30 
31 



Calm . 
NNK . 
NE ... 
\V . . . 
SSW . 
SWlv 
Var.:. 



North 



.Miniu ' 

56'^ 29' \., 173^38' \V AVcst 

Same 

.•Name ' 

Xcar St. I'aul Island, biTiiggod 

r^fp r>~' N., 170° 8' w ; 

Cai)e CliciTful, SxK. 1 mile 

I'nalaska 

Samo 

r.4° 17' N.. I)i7° 38' W 

56= 32' >'., 1703 10' W 

Samo 

Same 

.Samo 

.Samo 

58^ 58' J» ., 173^ 44' AV 

Samo 

Samo 

Same 

,18° 3,V N., 172=5 5' ^v 

Samo 

57= 32' N., 170° 45' \V 

.57= 22' N., 170° 5' W 

Samo 

Samo 

Samo 

Samo 

Samo 

.Same 

Samo 

DalnolPt., St, Georgo, SxE. JE. 8milo8 '• 

54° 20' X., 168'' .'ill' AV ' 

Ca])o Makunkiu .S. J W. 10 miles 

rualaHka I 

Same i 

Samo 

56° y N., 169= \V ! 

57° 17' N., 170P 58' W 

Samo 

Sam«' 

Same 



NAV .. 

SE..!! 



SE.. 



rtS° 35' N., 175° 42' AV.. 

56° 25' N., 179^ 36' W 

5.5° 20' N., 175= 12' AV 

5,'io 50' N., 172'^ 23' AV 

,56° 32' N., 169= 4,'-)' AV 

St. ( loorge 1 (1 

.58 '5' N., 170° 51' \V 

■58'= I'N., 170=55' \V 

Dalnoi Tt. SE., Otter 1., AV. i S. 
540 20' N., 106O 49' AV 



Var... 
XNW 

s\v... 



NNE I 

\VS\V .... 

N\V i 

X(irtln'rlv.' 
KW ....■..! 

AVoHt i 

.SSW ! 

SElv 1 

\V(»terlv.i 
SSW...:.. 



2 

3 

1 
1-3 

3 
4-0 
1-3 
3-4 

1 

1 

1 

1 

5 
C-6 

o 

4 
5-0 

2 

3 

8 

2 

3 



t 



t • 

an/ 

t 
t 



••'<>g 

(y'um. Htl 

Nini 

Cum. ni 

Xira .... 
F';« 

Cum ui< 



Cum. Bti 
Cum. uii 



Cum. »ti 
Cir. cmi' 
(."um. sti 
Cum. nil 
Cum. sti 

Nim 

Cum. sti 



t 

f 


Cir. enm 
Cum. nil 
Cir. emu 


/ 

t 


("urn. nil 

Cum 

Cum. nil 
Cum. nil 



Cir. cum 



Overcast. 

Note It is not intended tc 

the conditioiiB were favorable and etJbrt was directed ehioHy to dotenuiuiiig the ran; 



t Tliick. / Fair. 

< indicate liy this scliedule that tlie attempt was madt 



IP 



I certify that all data contained in this atatenieut are correct and true to the bet 



12364 To face page 219. 



REPORT OF CAPT. IIOOPRR, DATED SEPTEMBER 6, 1892. 210 

miles wore stoiiiiu'd in IJorinj; Sni, of wliirli 4,(»2.'? miles were stt'iimed 
wliile coiiipletiii}; the imliiiislicd W/i'k of the Alhatross. 

I tniusniit !ierewitli u fraciii}; of tlic ciiart,* sliowiiij;' tlie track of the 
vi'ssel in Bering Sea, witli tii.- number of seals taken 
and data pertaining thereto, a tahtdated statement of ^'"" ' 
seals taken, and a transcript of the seal log since the date of my last 
report. 

I am, very respectfully, your obedient s^uvant, 

C. L. Hooper, 
Captain, U. ti. K. M. 

District of Columbia, 

City of Washington, Hs: 

O. li. Hooper, being duly sworn, deposes and says: 
I am the person who signed the foregoing document, and I know its 
contents to be true. The document is an exa(!t transcript from a. por- 
tion (»f the log, that is to say, the ollicial record of the voyage of the 
revi^nne steamer Corwin, ex<*ei)t that a few chsrical errors sippearing 
in saitl h»g have been corrected and a few abbreviations, such as NVV., 
S\V., etc., written out in full. 

C. L. Hooper, 
Captain, United States licvenue Marine. 

Subscribed and sworn to before me this 13th day of December, 1892' 

[SEAL.] SeVELLON A. UROWN, 

Notary rublic. 



Cum. 


Rtl 


Cir. ouii 


(;uin. 


stl 


Cum. 


nil 


Cum. 


8tl 


Kim 




Cum. 


stl 


Cir. 


cnm 


Cum 


Ull 


Cir, 


CUIll 


("lUll 


. nil 


Cum 




Cuii 


. nil 


Cun 


. uii 


Cir. 


cum 



[Tnclosure No. 2 in Cnjit. Hooper's report of September 0, 18D2.] 

EXTRACT FRO]M THE SEAL LOG OF THE U. S. REVENUE STEAMER 
CORWIX, FROM JULY 21 TO AUGUST 31, 1892.t 

Sunday, July 24. 

4 to 8 a. m. — G:45 observed one(l) medium-sized seal; 7, saw one (1) 
seal. — S. E. Maguire, 1st Lieut. 

.V a. m. to m. — ".): .30, 10: \~) an<l 11 :50 saw 1 seal each time; all sank 
beftjre characteristics could be noved. — C. E. Johnston, 3d Jvient. 

M.toip.m. — 12:15, Ipuj); 12:30,2 medium size; 1:50, 1 medium 
size; all playing; sex unknown. — J.. H. Quinan, 2d Lieut. 

******* 

6 to 8 p.m. — Saw 2 seals (ai>]iarejitly yearlings) before nial::;i,r St. 
(leorge Island. Near the rookeries, seals numerous of all sizes. — (J. 
10. Johnston, 3d Lieut. 

Monday, July 25. 

/ /() .s^ a. m. — Saw few scattering seals 10 to 15 miles from St. Pnul; 
near the island saw numerous seals of all kinds. — S. E. Maguire, 1st 
Lieut. 

8 a. m. to midnight. — Vessel anchored at St. Paul Island. 



*See Chart v in portfolio of ni!i]»M an<l chiirtH iu'conipanyiii}^ Comitfr-Case. 
t For the sake of brevity oiui8sioii has been luado of ull eiitries Htatiug that iio sualii 
were Been. 



)f;f 



■i'.':: 






Hi- 






220 



OFFICIAL REPORTS. 



M. to 8 a. m. — At anchor iit St. Piuil Isliiiid. 

S a. m. to m. — Siiw .'{ ycarlinjjs about liv«' miles, and 3 throo.-yoar olds 
about 8 inilcs IVoin the island of St. J'aul (8. K of it). — D. .1. A ins- 
worth, 2d liirnt. 

M. to 1 p.m. — 1 and 1 : 10, saw! incdiuni-sizc*! seal; both flisappearcd; 
seals niinierons ncai- St. (J('or.n«'. — (J. JO. Johnston, 3d liieilt. 

1 p. m. to III. — At anclior, St. (Jeoryc Island. 

^yo(^llCs(hnJ, July 27, 
At anchor, St. George Island. 

Thursday, July 28. 

m * * • * • • 

4 to 8 a. m. — 5:30. «aw 1 seal, larjyo; 5:45, 2 seals, small; G to 7, saw 8 
seals of various sizes; 7:.'>0, 2 seals; 7: 10, 3 seals; 7:55, 4 seals. — S. E. 
Ma.i;nire, 1st Lieut. 

8 0. m. to m. — Saw but few seals. — J. II. Qninan, 2d Lieut. 

M. to 8 p. ni. — At anchor, St. Paul; 8 p. ni. to m. no seals seen except 
near St. i'uul Island. — D. J. Ainsworth, 2d Jjieut. 

Friday, July 29. 

# =:^ * * # • © 

■i io8a.m. — 4:.".0, saw 1 seal, iiiediuni; 0:00, saw 1 seal, small; 7:04, 
saw 2 seals, medium. — S, E. IMajiiiire, 1st Lieut. 

8 a. m. to m. — 9:50, saw 1 medium sized seal, — D. J. Ainsworth, 2d 
Tiieut. 

M. to d p. m. — 12:40, saw 1 medium-sized seal. — C. E. Johnston, 3d 
Licit. 

4t)(t p.m. — 1:20, saw 1 stnall seal, Jumping; 5:15 diiif>y returned; 
di«l rut get a shot; saw only 2, 1 small, 1 larye; both awake. 5: 40, saw 
1 nu'.lium sized, jumping. — J. II. Quinan, 2d Lieut. 

a to 8 p. III. — Saw numerous seals of diL'erent sizes, jumping. — D. J. 
Ainsworth, 2d Lieut. 

• • • # «i • • 

Saturday, July 30. 

8 a. M. to m. — Between 8 :45 and : 15 saw 8 nvMlium-sized seals. Saw 
anothei' at II :30. — (1. V,. Johnson, 3d Lieut. 

M. to 4 p. VI. — 12:.'>0, saw 3 seals asleep; 3:0M, saw 1 big seal asleep; 
3:30, saw 1 big seal asleep; 4, saw 1 big seal asleep. — J. H. Quinan, 
2d liieut. 

4 to 6 p. m. — 4:05, saw 1 seal asleej); 4:40, saw 1 seal asleep; 5:00, 
saw 1 seal jumping; 5:40, saw 3 seals juniping; all medium size. — D.J. 
Ainsworth, 2d Lieut. 

to 8 p. m. — G o'clock, saw 2 medium-sized seals; 7, saw another. — 
C. E. Johnston, 3d Lieut. 

• •••••• 



MfeUMa 



J. Ains- 
ipoared ; 



) 7, saw 8 
Is.-S. E. 



en except 



all; 7:04, 

Avorth, -cl 

nston, 3il 

■eturno(l ; 
5:40, saw 



lift". — u. J- 



sals. Saw 

»al asleep; 
"]f. Quiiian, 

^ep; 5:00, 
|ize. — D. J. 

liinotlier. — 



REPORT OF CAl'T. Iloorr.i;, DATKl) SKPTHMItKlt H, 1892. 221 

Sitndtii/, Jul}/ .V/, ;.«.'.'><?. 

M. to 4 a.m. — 3:.^0, s;iw I medium sized seal and .'5:4") nnotlier; bnfli 
jiiMipin^. — I), fl. Ainswortli, LM Lient. 

/ toi-i a. )iK — I: 10, saw .'{ sesils; 4 to 4: li"), saw about 10 seals; 4:'_'(), 
st()pp«'d sliij); 4:;{(>, sent out scsilinjr boat ("»(» miles west of St. I'aul); 
.">: 10, saw ;3 seals; ,'»: ."JO, saw LJ seals; (>: l."»,Sinv 1 senl; 0: ."lO, saw 2seiils; 
7:00, saw 2 seals; 7:1"), saw 1 seal. Apparently ol' all sizes; none 
asleep. — S. 10. Majiuii'e, 1st Lieut. 

>s a. m. to M. — Numerous s«'als of all sizes, asleep and awake, ob- 
served. — J. IJ. (^uinaii, 2d Lieut. 

.}f. to I J), m. — lU:4t>, shot an<l secured two (L*) seals, I male and I 
Cenuile, both .'J years ol<l; 1:10 tired at and missed medium-sized seal. 
1:1") saw 1 seal; 1:L5."), saw 1 seal; 1 :.'{.-) to 2:(»(», saw 7 seals (1 larye 
and () medium). 2:1"), saw. 'i small seals; 2:10 saw two snuiU seals; 
.'!:40 to 4:0(), saw 8 seals, dilferent sizes, Jumpinj;'. — 1). .1. Ainswortli, 
2(1 liieiit. 

f to p. m. — Saw numerous seals of various sizes. 4:10, sliot and 
killed one younji' male, about 2 years old; wounded two more that 
escaped. — C K. Johnston, .'id Lieut. 

to S 2). m. — Numerous seals observed. — J. IL Quinan, 2d Lieut. 
if # m * m # * 

Monday, Avg. 1. 

M. to /. — Saw ;i medium-sized seals playinjf in vicinity of vessel. — (/. 
E. Johnston, 3d Lieut. 

/ /<) cS a.m. — Counted 10 seals in sight during the watch; various 
sizes; none asleep. — S. 10. Maguire, 1st Lieut. 

s a.m. to m. — 10:00 saw one seal, small; 10: 2.5 saw .'} seal, small; 
11 : 00, saw 4 seals, medium; 11: 40, saw 1 seal, medium. All these seals 
were Jumping. — 1). .1, Ainswortli, 2d Lieut. 

M. to 1 J), m. — 1 :00, saw 1 meditim-sized, i)laying. — C. 10. Johnston, JJd 
Lieut. 

/ to (Jp. m. — 4:4"), saw 1 medium-sized seal, jumping. — J. If. (Juinan, 
2d Lieut. 

ti ^>.s' p.m. — t):;5"),saw2, ami 7:30,1 medium-sized seals, jumping. — D. 
J. Ainswortli, 2d Lieut. 

* • * • • o 

Tuesday, Avf/. 2. 

Midnif/ht to 1 a. m. — Saw one medium at 3:4;"), and at 4:00 one largo 
and 2 small seals, all jumpiii:;. — J. 11. (^>uinaii, 2d Lieut. 

i to 8 a. m. — From 4 to 7 o'clock saw two pups, 12 medium sized seals, 
and 3 small ones; some jumping, others playing and "^ linniiig." 7 to 
>>. saw about a doz. seals of various sizes: 7:0.'J, sto])ped engine; 7:4.") 
sent out otter boat. — S. 10. Maguire, 1st Lieut. 

^' a. m. to m. — No headway. Two boats out hunting; saw twelve 
St ills, mostly asleej). — (). 10. Johnston, .'»d Lieut. 

.1/. to i p. III. — Saw a doz. seals of all sizes, playing and asleep; boats 
vetiiriied with 5 seals at 4 }>. in. — .1. IL (^hiiiian, 2d Lieut. 

•/ to a p.m. — IJoats I'eturned with o seals (cows). ."):.'!(), saw 2 seals; 
<oiild not distinguish characterislics. — 1). J. Ainswortli, 2d Lieut. 

'' to 8 2). m. — At 0:45 saw^ 2 m«;(liuiii-sized seals awake, and one largo 
one asleei); 7:00, 2 awake, medium size. — 0. 10. Johnston, 3d Lieut. 



i 



'2)12 

-d w w 



OFF in A L ItEI'OUTS. 



Wednesday y Aiifi. 3. 



Midniffht to I a, m. — Saw two medium-sized seals awake. — D. J. Aiiia- 
woi'th, L!<1 liieut. 

I to S a. m. — 4 to 5, saw 10 seals of various sizes; some appeared to 
be small pups. T):!"*, saw about a doz,. seals of various sizes Jun»piii{; 
and swimming about. 5:20, saw 1 seal sle»'pin<;' and .'{jumpiufj. 5:;{() 
to 7, saw I(t seals, 5 of tliem asleep. 7 to <S, saw numerous seals of all 
sizes. — S. Vj. ]Ma,i>uire, 1st Lieut. 

iS a. m. to M. — First ,»art of watch saw luuuerous seals of all kinds 
.iumi)in;4' aud playinj^-, and (xu-asionally one asleep. \Mst ]r,n't of watch 
sisals less plentiful and none were asleep. Sealinj;' boats broujLfht in two 
cows and one younj;' male. — J. H. (^>uinnn, LM laeut. 

M. to i p. m. — l,saw(Uie nu'diumsized seal. 1:15, saw 1 medium- 
sized seal. JJoth awake. — 1). J. Ainsworth, I'd Lieut. 

(I to S p. m. — Saw 4 seals, \1 nunlium aud 13 pups, Jumpiujj. — J. II. 
Quinau, LM Lieut. 

• «••••« 



f^ 



Thursdaif, Avff. 4, 

Midnlfjht to la. tn. — 3:50, saw 2 nu>dium sized and 1 small seals jump- 
in}jf out of watei'. — C. 1). Johnstim, .'kl Lieut. 

/ to s 11. w/.--Saw IS seals of all sizes diving and Jumping; iu)no 
asleep. — S. 10. iVLiguire, 1st Lieut. 

8 a. m. to M. — !::'.;nv 8 seals of ditl'erent sizes during watch, Jumping. — 
D, .1. Ainsworth, 2(1 Lieut. 

M. to I p. m. — No cliange in position. Saw 2 large, 2 uu'dium, and 
oiu', small seals, playing. — C K. Johnston, M Lieut. 

■/ to (I p. in. — Saw a great many se-^ls of all sizes playing. — J. II. 
Quinau, 2d Lieut. 

11 to s p. in. — Saw 11 seals of diU'erent sizes, Jumping. — I). J. Ains- 
worth, 2d Lieut. 



Fridaif, A u;/. 5. 

Midniqht to I a.m. — Observed 2 large seals playing. — J. IT. Quinau, 
2d Lieut. 

i to 8 a. m. — Xe;ir St. Paul Island. Saw numerous s«'als of all sizes, 
probably 100. — S. K. Jlaguin-, 1st Lieut. 

S a. in. to .If. — Sawn'> seals outsi<le the immediatevicinity of St. Paul 
Island. — 0. K. Johnston, ."Jd Lieut. 

.1/. to I p. m. — Saw 4 seals ditl'erer.t sizes, playing. — ,1. II. Quiuan, 2d 
Lieut. 

/ to fi p. in. — 4:40, saw one, nu'dium sized seal; 5, saw one smaii seal; 
both Jumping. — I). -L Ainsworth, 2d Lie lit. 

to S p. in. — Saw one slei'i>er at 7 p. in. — 0. E. Johnston, 3d Lieut. 



Sdtiirdajfy Angiist 6. 



¥ 






1 




If 


■-: 


m 


• 


% 






w- 


iS : 


It 


1 



4 to S a. m. — At 5:00, saw 2 seals; 0:15, 1 seal in a kelp patch; 7:00, 
I seal; all medium size. — S. 1], "Mau-iire, 1st Lieut. 



..T.Aina- 

)Oiirc<l to 
juuM»in}JC 

sils of all 

ill! kinds 
, of vviitch 
rlit in two 

mcdinui- 



ig. — J. II. 



oj'ils jump- 
ling; none 
jumping. — 
jdium, and 
ng. — J. II» 
). J. Ains- 



II. (Juinan, 
Lf all si/»'s, 
Lf St. Paul 
|(Juinan, lid 
small seal ; 

Pd Lieut. 

• 



|itch; 7:00, 



m. 



..irtH<l«8«ra**rf.Sii 



EKi'OKT OF CAl'T. HOOPER, DATED HKl'TKMUEll 6, 1892. 223 

AuyuHt 7 to 9. 

At Uiialaska, Alaska. 



Tuesday, Augmt 0. 



M to I p. m. — 1 :.*{(), saw 2 large seals asleep. .'5:05, saw 1 small seal 
asleep. .'{:.">r), 1 small seal asleep. — 1>. .1. Ainswoitli, -d Lieut. 

/ to a p. m. — r>:,'K), siiAv I medium iiud 1 lai'ge seal asleep. (i:0(), L' largo 
sloei)ers. — C 10. ejolinston, .">d Lient. 

<i io s p. m, — (»:()">, saw ! medium-sized seal ou bimcli of k<'lp. 0:L*(>, 
;> sleepeis, <> :.">(), 2 sleepers, too far off to tell size. 7: 10, one large 
sleep<'r. Ti.'JO 1 small seal, playing. Ti'tO, one 2 year oUl, playing. 
«:ir>, one 2 year old, playing. — -L 11. ())uinaii, 2(1 Lieut. 

«•«*•• e 

Wcdnvmhti/, Avg. JO. 

4 to 8 a. m. — Saw small seals, .5 nu'dium, and 2 large on<'s; some 
playing, others sleeping or traveling. — S. E. Maguire, 1st Lieut. 

5 a. m. to M. — S:lo, saw 1 nuMliiim sized seal swinnning; 8:;{(), saw I 
medium-sized seal swimming; S :.{"), saw .'{ medium-sized seals sleeping; 
S:t(,, saw 1 nu'dium-sized seal sleei)ing; 10:40, saw .'{ medium-sized seals 
swimming. Two boats sent out; returned with 5 medium-sized eows. — 
1). ,L Ainsworth, 2d Lieut. 

Af. to 1 p. m. — Saw .'i medium, 2 small, and one large seals, Jumping. 
Near St. Paul Islaiul, seals numerous. — C. E. .lohnston, lid Lieut. 

/ to dp. m. — Seals uuukm'ous. — .1. II. (Juinan, 2d Lieut. 

(I to s p. m. — 0:50, about live nules from St. Paul, saw 5 seals, one largo, 
.'5 medium, one small, disporting; 7 :15, saw 5 of different sizes,jumi)ing. — 
1). J. Ainsworth, 2d Lieut. 

* ^ « * • • • 

Thursita;/, Avpust 11. 

m Q * * * m • 

■i to S a. tn. — Saw -t medium, 5 small, and one large ,eals, all Jnmjting. — 
S. E. Maguire, 1st Lieut. 

S a. m.toM. — Saw 8 uu'dium sized seals leaping out of wjvter; seals 
scattering an«i wild. — C. E. -lohnston, ;}d Lieut. 

M. to 4 p. m. — Saw 15 nu'dium and one large seals. One finning, 5 
asleep, and rest.jumi)ing. — J. II. (^>uinan, 2d Lieut. 

4 to a p. m. — IJoats brought in 4 female seals. 4 :25, saw 2 small seals 
iumping. 4:40, saw 2 me<linni seals Jumping. 4:45, saw 5 Viirious 
seals Jum]>ing. 5:15, saw 3 larg(^ an(12snuill seals, jumping. 5:45. saw 
2 medium seals, ])laying. — 1). .1. Ainsworth, 2d Li<Mit. 

<> to s p. ?». — From (i to 7, saw 7 nuMlinni, one large, and one small seals, 
playing. Saw none last hour. — U. E. .lohnston, 3d Lieut. 

• • • o • • • 



I I 



mmm 



•MMI 



224 



OFFICIATi RKI'OUTS. 



if ;i 



'i'.i 






i ' 






Friday^ Aiiff. L', 



S a. m. Ii> .If. — II :0(), suw If iiUMlimii sized .scmIs, jiimin'iij;'. 1(>:L'0, «nie 
iiu'diiim .sized, i)liivin.iv. — .1. II. (>>miiaii, -d Ijieut. 

,1/ lo I i>. in. — Saw one siiial! and l~> niediiun sized seals, ono a.sleop 
and rest, i!inii)in<;' (»!■ s\vinniiiii!i abont. — I). .1. .Vinswortli, 2d Jjient. 

I to li p. III. — Saw one small and li lar<j:e seals, jiinii)inj.j, IJoats 
ln'oiijiiit in ()!ic male and one I'eniale. — (1. V). .Foluiston, ."{(l LitMit, 

(I fo S p. m. — (i:2t», saw one uiediiiiu, one la rye, and one; small .seal, 
jdayinj; and jnmi)infj,'. (»:;").">, one lar.i;'e, i>layin};', two I'-year olds, leap- 
inji'. 7 :.'{(), (Mie medium, i»laviny'. 7 :ir», li medium, i»lavin^'. — .1. ll.(t>uimin, 
L'd liicMit. 

(S' 2>. in. t:i iiiidiiif/lil. — 10:00, saw two seals. 10:55, three seals. (Jould 
not <lis(in,niiisli eliaraeteristics. — 1). .1. .Vinswortli, lid Lieut. 

SdfiinJaif, .1 ii;/. US. 



I lo S a. III. — Saw !?1 iiKMlium, It small, and I h\v<^o, seals. Some 
iumi)ini;' and i>layin'^', «>Miei's asleep. S(miI, out boats. I)ini;y bnui^lit 
in one male. — S. I',. .Majjuiie, If-tlieut. 

iS' <i. III. to III. — S:">, saw one slet p*^'; lired at and missed him. S:IO |o 
iS:L'0, saw r> medini'i jumitin*"'. S:.'»,~i to ,S:I.">, (1 niedinm jnmpin<;-. 8:08, 
one sl(>ei>er. Shot and seemed one seal at anchorage. — I). ,T. Ainsworth, 
1.M lient. 

.1/. to l p. w.- -Seals numerous about I he vessel; all sizes. — (J. 10. 
efohnstou, .Sil lieut. 

/ to li p. m. — I :L!0, Hunter returned with (! female and om5 male seals, 
shot from (i to 10 miles (»ir X.IO. Point, Si. I'anl. Xnmerous seals around 
vessel while at aiiehor; vei\v lew seen on north side of St. I'aul while 
under way. — .1. II. <^)uinau, 2d lieut. 

1) to S:tK) p. III. — -Seals numerous — I)., I. Ainsworth, 2d Iieut. 

iS' /). III. to iiiidiiiiihl. — Seals uunuirous. At anchor, St. I'aul Island. — 
C I'i, .lohnston, ;>d lieut. 

Siinda}/, Aufj. 14. 

MidnUihtto i a. in. — Xo seals playing- around sliii). — .F. IF. (Juinan, 
2d lieut'. 

/ to S II. III. — Seals numerous. — S. 10. Mayiiire, 1st lieut. 

cS' (I. in. to in. — vSt. i'aul to St. (ieoru'e. Saw no scmIs outside of iin'iie- 
diat(^ vicinity of island. — ('. 10. -lohnston, .'id lieut. 

.1/. to I p. in. — Saw only a few seals and those closer to tl;(^ island. — 
J. II. (^>uinan. 'M lieut. 

•/ to (I p. ///.-Saw only few seals; none far from island. — 1>. ,1. Ain.s- 
worl h, 2d lieul. 



Hlondiii/, .[ ii;/. I~). 



I to N (I. m. — Saw one sleeper and 2 medium sized seals awake. — S. TO. 
]\raj>iiire, 1st lieut. 

■i' <i. III. to in. — Saw r> medium, 4 large, uiul !) i.mall seals, mostly 
asleep. — J. II. Ciuinan, 2d lieut. 



'JO, one 



asleep 
'lit. 
lioitts 

\ll SCill, 

is, U'lip- 
(i>uiu:iii, 





UK POUT 


OF cArr. 


IIOOPKIt, DATKl 


) SHl'TF.Ml'.EIi 


« 


1892. 


225 




lo 1 p. 

lit. 

♦ 


lU.- 


-2:10, 


saw 

# 


one small 

* 


seal 


jumpiii;?. — J>. 

• * 


J. 


Aiiiswortli, 

• 


.Sp 


III. to 


init 


tiiijjht. 


—No 


seals seen 


.—13. 


J. Aiiisworth, 


2 


I lieut. 





Tuesday., Aug. IG. 

AlcrUl. to I p. m. — Xo seals seen. Arrived at, IJiialaska, Aliiska. 

llespectl'ully siiljinifted. 

('. I J. IIo(»l'Kll, 

Coptain, U. ti. K. M. 
Commander 1'. I). EvANR, 

U. iS. IS. Yorktown, CommawVinfi 

U. IS. Naval Forccn in Bering Sea. 



■ t 



^. Sonu^ 
hntn;;lit 

S:10 to 

is;'. S:r>S, 
insworlli, 

is.-c. i^;. 

lale seals, 
Isiiioiind 
aiil wliile 



Island. — 



Oiiinan 



of iiH'.ie- 

island. — 

,1. Ains- 

• 



Ike.— S. IC. 
Is, mostly 



TKANSCRirr FROM SEAL LOO OF TITK IT. 8. RKVKNIIK S'lF-AMEU COIiVVIN 
FROM AUGUST Ifi, TO HFITEMMFR 1, l8U:i. 



At Unalaska, Alaska. 



August 17th to Wth, 



August 10th. 



(lot under wiiy at 2:10 p. m. 

• * • • 



August 120th. 



Mid. to f a. m. 



4 to 8 a. in. — 7:;{0, saw two small seals, apparently yearlings, Jninp- 
iiifj. — 0. Vj. Jolinson, .'ird lieut. 

8 a. m. to mid. — 8:30, vSaw one small seal. 9:30, saw one seal, inediniii 
size. 0:55, saw one seal, largo; 11:30, saw one medium-sized seal. — S. 
10. Miiguire, 1st It. 

Mt'riil. to f p. m. — 2:45, within ten miles of St. CJeoige Island saw ono 
iiKMliiun sized se;d Jumping. — J. 11. (ininaii, 2iid It. 

(1 to 8 p. m. — Numerous seals about tlio vessel. — S. E. Miiguire, 1st It. 
s p. Ill, to mid. — At aiK lior otf village St. (i<>oig('. Numerous seals 
Iioard playing about the vessel. — J. II. (Jiiinan, 2d It. 

Aug. 31st, 

At anchor, St. George, 

Mnid. to 4 ((. m. — Seals numoroua; at anchor. — 0. E. Johnson, 3rd It. 

•/ to 8 a. m. — Seals seaico between the islands; saw two medium-sized 
at (5.30.— S. E. Maguire, Ist It. 

8 a. m. to j\rciid. — (3idv a few seals seen in water, and those in vicin- 
ity of St. Paul.— J. II. Quinan, 2iul It. 

Moid, to 4 p. VI. — Seals scarce, medium sized and snudl; sent out 

12301 15 



226 



OFFICIAL REPORTS. 



boats at 2 p. m.; numerous seals from 12:45 to 1:30; all awake. — 0. E. 
Johnson, 3rd It. 

d to (J p. m. — Saw 10 mediuni, 5 small, and 2 large seals jumi)ing; at 
T), boats returned with 4 seals, 3 luirsing cows and 1 virgin cow. — S. E. 
Magnire, 1st It. 

tl to 8 2). m. — Saw 4 large, 7 medium, and 12 small seals jumping and 

playing. — J. II. Quinan, 2nd It. 

* * * * • • « 



f' I 



I*. .1 



Mid. to i a. m.- 

* » 



Aug. 33nd. 



# * * * • 

4 to 8 a.m. — 4:15, saw one medium JumiMng ; 5:00, saw one medium 
junij)ing; 7:00, saw one medium jumping. — J. II. Quinan, 2iid it. 

8 a. m. to Merid. — 9:30, saw one small seal asleep; 10:00, one medium 
jumping. — 0. E, .Joluison 3rd It. 

to 8 p. m. — G.30, saw one yearling jumping. — t). E. Johnson, 3rd It. 

« * * « ' * « * 

Aug. 23rd. 

• ••••«• 

Aug. 21th. 

m • • * • « « 

Merid. to I p. m. — 3:40, saw two large seals jumping. — C. E. Johnson, 

3rd It. 

• •**••• 

Aug. 25th. 



Aug. 26th. 

m ***** * 

4 to 8 a.m. — 7:45 saw one medium-sized seal jumping; 7:50 saw 
another. — C. E Johnson, 3rd It. 
8 a. m.to inerid. — Scattering seals during the watch. — S. E. Maguire, 



Aug. 27th. 
Mid. to 4 a. m. — Anchor at Garden Cove, St. George. 

4 to 8 a. m. — Saw 2 seals. At anchor. — S. E. Maguiie, 1st Lt. 

8 a. m. to Mcri'l. — Saw three seals in vicinity of shore, St. George Id., 
between 11 and 12 a. m. — J. II. (^)uinan, 2iul Lt. 

Mt'fid. to I p. in. — St. George to St. I'aul. Seals scarce; saw two 
medium slee{)ers about 10 miles from St. George, and two small seals 
awake abimt same distance from St. Paul. — O. E. .lohnson, 3rd Lt. 

4 to dp. m. — Scattering sealsseen during the run between the islands. 
— S. E. Maguire 1st Lt. 

(> to 8 p. tn. — Seals numerous around the island near shore. — J. H, 
Quinan, 2nd Lt. 



„;,. ,-:*a^^^^fiS^SnlWRS 



-0. E. 

iiig; at 
— S. E. 

ng aiid 



inediuiu 

It. 
medium 



REPOUT OF CAl'T. IIOOPEU, DATED SEPTEMlMMi (5, 181)2. 227 

Aug. 28th. 

Mid. to i a. m. — At anchor, St. Paul; seals numerous about the ves- 
sel.— S. E. Maguire, 1st Lt. 

•i to 8 a. m. — Saw 1(> seals, one of which was a this year's pup, from 
(J to 8 p, m. — J. 11. C^uinau, 2(1 Lt. 

<S a. m. to Mcfid. — Seals generally scarce. Saw t small, ."» nu'dium, 
aiul 1 large seal jumping, and 1 medium sleeping. — C. 10. Johnson, 3d 
Lt. 

Merid. to I p. in. — Saw 3 medium, li snuiU and 2 large seals Jumping. — 
S. E. Maguire, 1st Lt. 

4 to p. m. — At 5.00, saw two; o.l-l^ one medium-sized seal. — tl. J I. 
(Jninan, 2d Lt. 

II to 8 p. III. — <>.oO, saw one small seal Jiunping; at 7, one large seal 
jumi)ing. — C K. -Johnson, ."id Lt. 

« ^ » * « « • 



i,;^rd It. 



Avg. Q<nh. 



Johuson, 

« 



7:. 10 saw 
. Maguire, 



8a. m. to Merid. — 8:15 saw one largo seal; 10:15, saw one large seal; 
10:30 saw one medium seal; 11, saw ouo suuillseal. — S. M Maguire, 1st 
Lieut. 

Merid. to 4 p. m. — At 1 saw one small seal. At -1 saw ono medium 
seal. — J. IL Quinan, 2nd Lieut. 

I to f) p. m. — At 5:00 saw one large seal rolling. At 0:00, 2 large 
seals traveling. — C K. Johnston 3d Lieut. 

Aitrf. 30th. 

Mid. to 4 a. m. — Too dark to see seals. — 0. E. Johnson 3d Lt. 

/ to 8 a. m. — Saw scattering seals more luimerous last hour. — S. E. 
Maguire, Ist Lt. 

8a. m. to merid. — Saw numerous seals. — J. 11. Quinan, 2nd Lt. 

Merid to I p. m. — Saw two medium seals jiim)>ing i)etween St. Paul 
and St. George. — 0. E. Johnson, 3rd Lt. 

/ to It p. III. — At St. (T(M>rge Id. comparatively lew seals iu the water 
about the islaiul.—S. E. Maguire, ist Lt, 



I 



Anfi. 31st. 



U. 

Ileorge LL, 

,, saw two 

Iniall seals 
)rd Lt. 
Ihe islands. 

,vc.-J. H. 



/ to 8 a. m. — 1:50, saw one yearling, 7.00, saw one nu'(lium, 7 :."•(), 
saw tw() nu'diuuj sIzcmI, i-esting on bunch of kelp; 7:50, aintthei- miv 
tlinin. — J. IL (Juinan, 2nd Lt. 

■''' a. m. to merid. — At 8.00 saw one medium seal, cpiickly disa[»- 
ptared. — C E. Johnson, 3rd Lt. 

/ to G p. m. — Arrived at Umilaska., having flnished the season's work 
ill Rerijig Sea. 
Approved and respectfully subnutted. 

C. L. lloopi'.R, 
Capt., U. IS. U. M. 






\^P: 



228 



OFFICIAL REPORTS. 



Report of Captain Hooper, dated November 21, 1803. 



\Vafilii)i(jtou, J). C: 

to siibinit the IblloMiiiij stateiiioiit of iiifor- 



Kevenue Marine Steamer Cot tcin, 
Vort of San Francisco^ Cal, Nov. fil, 1803. 
lion. John W. Foster, 

Secretary of State, 

Sir: I have tlio honor 
niiition gained during a cruise in tlie vi«'inity ot" the Aleutian Ishiiul 
Piwses in October and November of this year, made in obedience to 
telegraphic orders from the honorable the Secretary of the Treasury, 
dated September 7th and received by me at Sitka, September 17th, 
j^^ ^^ directing me to leave Sitka as soon as possible after 

the receipt of the orders and go direct to Unalaskaj 
from that port to visit all the passes of the Aleutian Chain to the east- 
Avard of and including L'tmr Mountain Pass; to observe through which 
l)asses the seals were entering the racihc Ocean, and the pass or passes 
through which the greatest nund)er appear to migrate; to note as far 
as possible the passes ])articularly fie(iuented by pup seals and adults, 
resi)ectively, provided such distribution appeared to exist; to collect 
affidavits from the natives near the passes as to the usual time the seals 
pass southward through the Aleutian Chain, with any details as to 
classes of seals; to cruise along the Aleutian Islands until the main 
body of the seals appear to have entered the Pacific — if not later than 
November 1, then to touch at Unalaska sending all infcnination col- 
lected to the honorable the Secretary of State, retaining duplicate copies 
for later transmission; to proceed thence to the southward of the Aleu- 
tian Chain to obtain information as to the position of the seal herd, its 
direction of travel, and whether trpveling in herds or singly, and to 
reaiih Port Townsend or San Francisco not later than November 30th, 
and to forward report of observations to the State Department, the 
object of the investigation being to ascertain more accurately than be- 
fore known the movements of the seal herd after leaving the Pribilof 
Islan<l8 and before it appears off the coasts of California and Oregon. 

In obedience to these orders I left Sitka with my command on Sep- 
tend)er 2oth and arrived at Unalaska on October 2nd. I engaged the 
services of Peter Sliaisnakoff, an intelligent young native of Unalaska, 
who si)eaks English, Russian, aiul Aleute, appointed him and swore 
him in as a United States interpreter. Tiiis man was interpreter to the 
IJritish Commission last year; he was also interpreter on board the 
steamer Albatross on her cruise to the Commander Islands during the 
present season. 

I then proceeded to cruise in the vicinity of the Aleutian Island 
Passes, making observations and collecting aflulavits of the native 
hunters. In all eighty (80) affidavits were taken. Therc^ 
Anuiavits taken. being 110 lueaus of ftu'warding mail, on November 1st. 
as directed, these affidavits were forwarded as oppoi 
tuiiity offered. On October 11th Ibrty (40) were forwarded per steamer 
Signal. On October J7th eighteen (18) originals and the duplicat'-'s of 
the foity previously mailed were forwarded by steamer Dora. The 
balance, twenty-two (22), original and the duplicates of the eighteen 
forwarded on Ocitober 17th are forwarded by this mail. The remaini ii; 
duplicates will be forwarded later. 

While in the performance of this duty the following-named settle 
„ ^„ ^ ,„ . nients were visited; Unalaska, Makushin, Kashegii, 
Chernofsky, Biirka, Akutan, Sannak, Morzhovia, Hcl- 
kofsky, Saud Point, and Uuga. These include all the native settlements 



s,«»a,«««i*&;'^^i^ 



1892. 



;)f iufor- 
n Island 
ieuce to 
'reasnry, 
ber 17th, 
ible after 
nalaska ; 
the east- 
gh which 
or passes 
3te as far 
id adult.', 
to coUoct 
e the seals 
•ails as to 
[ the main 
later than 
nation col- 
cate copies 
,f the Alcu- 
^1 herd, its 

iniber 30th, 
itment, the 
>lv than be 
the PribiU;^' 
ind Oregon, 
md on Bcp- 
1 gaged the 
UnalasUa, 
and sw<nc 
|>reter to the 
board the 
during the 

Itian Island 

the native 

lUen. Thev(^ 

member 1st. 

Id as oppov 

Iper 8teau\cr 

luplicat'.'S t>l' 

\j)ora. Th»' 

Ihe eighteen 

le reniaini i;i 

lamed settle 
^1, Kashegii, 
r/hovia, lid- 
, settlements 



nuiifciH inttTvii'Wtil. 



REPORT OF CAPT, TIOOPER, DATED NOVEMBER 21, 1892. 229 

in the vicinity of the passes except Nikolski. This setflement which is 
on IJnmak Island has no harbor and is a dillicult i)lace to make a 
landing in the fall. It has but ten hnnlers, six of wlioin were nu't by 
in(i and their affidavits taken at Chernofsky. Three of the jilaces named, 
15elk()fsky, Sand Point, and Unga, are to the eastward of the passes. 
My object in visiting these places was to learn wlu'tlier the seal herds 
move in that direction after letaving the ])asse8 in the fall. At all places 
visited the affidavits were taken of a majority of all hunters found at 
lionie, and when possible of all of them. The number 
taken represents a majority of all the hunters residing 
at the places named. Care was observed in taking affidavits to asccr- 
lain as nearly as i)ossil)le the exact meaning of the answer given by 
the natives by putting the questi(ui in dilferent forms, by frequently 
ij'ferring them to the chart, etc. In answering questions in n-hition 
to the wsiy seals travel, whether singly or in bands, the number in the 
hands, etc., I required them to illustrate the number by holding ujtthe 
lingers. 

In the matter of dates I invariably asked whether affiant reckoned 
tinu', according to the old style or new style. Under Hussian rule they 
learned to reckon time according to old style, and almost without 
exception they still adhere to the old style, and nearly all answers were 
given accordingly, but all dates have been reduced to new style in the 
allidavits by adding twelve days to the dates given. This change was 
made when the affidavit was taken with the knowledge and concur- 
rence of the native. Many of them understand fully the dill'erence 
between old style and new style, and to those who did not it was ex- 
])lained. At all times while cruising in the vicinity of the passes a 
careful lookout was kept. In addition to the officer of the deck, who 
was on the weather side of the bridge, one of the seal-huntei-s was sta- 
tioiu^d on the lee side of the bridge and a quartermaster and seaman 
on the weather and lee side resi)ectively of the top deck house. No 
oi)i)ortunit\ was omitted to get the facts. The information given by 
the native Imnters in most cases was given cheerfully and I believe 
honestly. I regard the statements contamed in the afiidavits submit- 
ted as worthy of full credence. 

The native hunters divide the seals into six classes, as follows: 

Sekatch, old bull; polu-sekatch, half- grown bull; 
liolostyak, young male; matkah, breeding cow; molo- 
daya-matkah, young cow; koteek, pup. 

As a result of my investigations I find that the fur-seals when leav- 
ing Bering Sea in the fall go through Four Mountain 
Pass, Umnak Pass, Akutan Pass, Uniniak I'ass, and roBsos through 

.., , ' T-» 1 J- ii i j_ 1 / 111 Which seiiU niovo. 

lalse Pass, by tar the greatest number (probably a 
majority of all the herd) going through Unimak Pass, which being 
wider than the others is less subject to strong currents, tide rips, etc., 
than the narrower i)asses. It coincides most nearly with the line of 
tiavel of the migratory herd of cows, young males, and pups, whicth go 
to the coasts of California, Oregon, Wasiiington, etc., as well as that 
of the large number of males which remain in ^Maskan waters during 
the winter. It is also the most available pass for the use of all classes 
of seals, on account of the prevailing winds. As will be seen by the 
allidavits forwarded, seals always travel with a fair wind, if possible. 
A fcAv stray individuals only, mostly pups, go through the narrow i)as8 
lietween Akun and Akutan Islands, which on account of its rapid cui*- 
1 cuts, rocks, and reefs is filled with tide rips and overfalls. 



Native claBslfloi 
tioiis of seals. 



230 



Ori'ICIAL IJKPOKTS. 



W 1 



•:■ 1 






'US', 



A('(M)i'(linfj to iiiitivi^ testimony its sliuwii by tluViiirnliivits submitted, 
I lie season (hiiinj;' wliirli tlie sekiitcli or old bull.s j;o 
Tillies of pasMiijic ni thioiijiii the piisses is IVoin llie Ifitli to tlie L'2ii(l of Oc- 
tober They leiivetlie sea alieiulof the inifiriitiu};' lienl, 
always travel by tlieiiiselves, and jio very last. Alter leavinj;" Hi-riny 
Sea they <i<) to the eastward and pass the winter south 

i.uM.s"'"^"*""^^"'^ "''' *'' L^"'""i'' I'^liiiKl and the Alaska J*ciiinsida and in the 

Alaska dull'. I )iirin,i>' our sprinj;- cruise we found larj>-e 
uuudters of tlu'Mi off tlu.^ Mt. l-'airweather rej^ion, where they had un- 
doubtedly wintered. Althoujih I made in(iuiry of all hunters met with 
at that time, both white and native, and had a careful look(mt kept from 

the vessel atalltinu's. 1 could not learn of any nund>ei' 
soutiuni limit ofo!<i ofoldbulls Iiaviiii-' liecu seen south of the southern 

limit of Alaska, and only vajjue rumors of a limited 
nundx'r beinj;' taken annually as far south as Forester Ishnid, near 
Dixon's Kntrance. Toln sekatch or iialf firown bulls are often errone- 
ously called " old bulls" by white hunters, the nam(^ beinji' i)r(>pe!'ly 
appli«-d only to the old males inhabiting;' the bre<'din^" rookeries. The 
old bulls are very laiiue, wei.uhin<;- iVoin six to ei<jlit hundr<'d jjounds. 
l»crhiips nn>re. Two were taken by the CoririirN hunters from the herd 
encountered olf the Mt. l"''airw(>atiier rejiion, the pelts of which woif^hed 
sixty one and sixty live pounds, respectively. 

individuals of the Polu sekalch are sometinu»s tbund with the mi};ra- 

tin<;' herd of cows, younf>' males, and pui)s, but by far 
wiiitir mc.vcmunis t|n> oicjiter i)art of them, as w ell as manv of the larm-r 

Ilolostyak remain in liermfj bea or in the waters on 
the coast of Alaska all winter. They ar»^ seen duriii};' the winter by 
the natives of llelkol'sky, lJnj;a. and Sand Point, when out sea-otter 
huntinji', and are both seen and taken by the Sannak natives throuj;h- 
out the winter. Many Ilolostyak and I'olu sekatch remain upon the 
I'ribilof Islands until the ice comes down and drives the lish away, 
when they must search foi' other feeding; {^rounds. As 1 have state(l 
in a tbnner report to the honorable the Secretary of the Treasury, I 
landed upon St. I'aul Island about the Slth of January, 188<!, and was 
informed that a ''drive" had been made the day previous and a hirjje 
number of holostyak (about (me thousand) killed. 
Jiut lew male seals of more than four years of a^e accompany the 

miji^ratinp: herd on its voyage across the I'acilic. A 
wint.r resort of ]ar}>e percentage of all the adult male portion of the 

fur-seal herd remain in Alaskan waters throughout the 
year, spending the time from May until October ui)on the Pribilof 
Islands and the balance of the year in Bering Sea and the Tacitic Ocean 

near the Alaska coast. The great migrating herd con- 
Tim.- of passuj;.! of sisting of Matki(>, Molodaya Matkie llolostvakie, 

and Koteekie negin to go through the i>asses about 
October 22(1, The invariable answer made by the native to the ques- 
tion — " What time do the cows, young males, and i)ups first begin to 
go through the i)asses?'' — Avas " Desya tavo Octyabr ya," October 10th 
(dd style or October 22nd new style. At tirst they are seen in very 
small numbers: as a I'lile, I think, but a^ i\'\v stray individual.*^ go 
through the passes Ix^fore the lirst of November, and the herd is not 
fairly upon tlie move betbre tlie tenth. 

While cruising near the passes during Ot-tober we saw but five seals 
in all. On October 20th two were seen, an adult and a pup in the Her 
ing Se;i near (Juimak Pass. They had apparently no iut^'utioii of going 
out at once as they were playing and were in reality swimming away 



.>„v,«..>«»»»*a4B'3*£a^'S^ 



nitied, 
nils go 
, olOc 

li«'riii.H 
•r south 
I in tlu^ 

liiul lUl- 
let with 
[i]>tlVoin 
number 
onthern 

liiniti'd 
nd, near 

eriont'- 
i)r()p«'ily 
cs. Tlic 

l»onn(ls. 
tlie lu'id 
weij;he(l 

»e nujjra- 
iit by lav 
he liivjier 
,vators ort' 
winter by 
sen -otter 
throujili- 
upon the 
ish away, 
vc stati'<l 
casiiry, 1 
, and was 
id a hirye 

lipaiiy the 
|aciti<'. A 
ion of tlie 
ighout tiie 
fe Pribilof 
liticOeean 
herd con- 
»U>styakie, 
;ses about 
the ques- 
it beii'in to 
tober lOth 
len in very 
idnali* jjo 
lerd is not 

five seals 
In the Her 
In of j-oiiifj 
liing away 



REPORT OF CAPT. HOOPEK', DATED NOVKMHER 21, Ih'X'. 231 

from the pas--; when seen. On October ULMid two inorr seals were sern 
iis Ix'Ibre, an adult and a [m]) in tlu^ South end of False I'ass, eonuuonly 
( iilled JMorzhovoi Straits, just enterini'- the I'acilic. On the same «lay 
some hours later a single adult seal was seen near Amaji'at Island a 
lew miles east of False I'ass. It had doubtless (;ome throuj^h the I'ass. 

On N()vend)er ;3rd while (niiisiii};' in the vicinity of Four .Mountain 
iind I'nimak passes, uiuler favorable <*onditions, a northwest wind and 
moderate sea, a few seals were observed; in each easc^ oidy sinj^le 
individuals were seen and these seemed to be e(iually divided between 
;i(lnlts, yearliu'^s, and pups, No seiils were taken by the native hunt«'rs 
at Kashejia, iMakushin, or Akutan this year durinj^- October. The first 
taken at Makushin was on November .'ird, a yearlinj,' male. The Cher- 
nofski natives, avIio hunt in the b.iys adjacent to Umnak I'ass, took 
llieir first seal this year, a pup, on October L'8th. 

The lirst seal seen in Mnalaska Bay this year was on Oetober 21st, 
and but five had been seen in the bay up to the end of October. A 
record kept at Unalaska for the ]»ast twelv<5 years shows the averaji'e 
(late of the fi'-st appearance of seals in the bay to be October 24tli, 
iind the average date of the last appearance to be January 1st, the 
earliest and latest dates, resi)ectively, being October ISth and .laniuiry 
•1th. 

During strong gales the i>ui)s come into the bays in the vicinity of 
tlie passes for temi)orary shelter. This fact d(mbtless gave rise to the 
belief that the pups and adults travel separately when leaving Bering 
Sea: a belief that has no foundation in fact. 

The season during which the seals use the passes west of Unalaska 
(I'our Mountain and Umnak) ends about December 1st, one month ear- 
lier than in the passes to the east of Unalaska Island. This undoubt- 
edly is due to cold westerly and northwest gales which occur during 
December and the seals' dislike to traveling against wind and sea, as 
shown by the testimony of all natives, They can go fr<m) the Pribi- 
lof Islands to the ])asses east of Unalaska Island (Akutan, Uninmk, 
and False) with a fair wind, while to reach the passes to the westward 
of Unalaska Island they have almost continual strong head ■•.viiul'^, and 
seas to contend with after the end of November. 

About the end of December, or a little more than two months from 
the time the first seals appear in the passes going from 
Uering Sea into th'^ racilic, the main body of the herd T'Tt.'"'?'"" J"*"' '* 

1 • 1 1 / /. i^ • c-i 1.1 1 oiitot Benni; Srii. 

may be considered out ot Bering Sea, although some 

seasons seals are seen in the passes as late as the 12th of January. 

The closing of the ndgrating seasim varies a few days from year to 

year, according to the condition of the weather, an early ai)proach of 

winter causing an early S(mthward movement of the seal herd and the 

contrary. 

In about the same time that the main body of the herd has occui)ied 
in going through the passes and before the last of it is 
lairlv through, the first part of the herd has made its ^''V* "^ ''«'"> "" 

'' *^ 7 1 const 

ap])earance U])(m the coasts of California and Oregon, 
liaving travele<l during that time a distance of more than two thousand 
miles — more than double t le distance made on any other part of the 
route in the same time. 

In view of the circumstances — the stormy condition of the sea, the 
prevaleiu'e in the Pacific of heavy easterly gales, the seals dislike to 
swimming against the wind and sea, the delay necessarily caused in 
obtaining food, the fact that a ]»ortion of the migrating herd consists of 
pups not yet six months of age, and considering furthei the rate of 



I 



232 



OFFICIAL REPOllTS. 



m 



f 



fft: 



p ■' 



i 






si)0('(l at wliicli seals travel on other parts of tlie ronto, tliey beiiij? five 
iiioiitlis and a lialt' from .January 1st tu until .luiie ir>tli making tlie re- 
turn trip from the eoast of (Jalifornia to the Ah'utian Island passes 
followiuff the (U)ast line which increases the distance about one-tliird — 
it is evident tinit the seal herd after leaving the passes makes its way 
to the coast of tiie Pa(tific States without unnecessary delay. The part 
of the herd which first jroes out through the passes takes a more south- 
erly route than those that go later. But a snniU ])art of 
Migriifion routes, the entire herd goes to the coasts of Califoiiiia and Ore- 
gon. Many seals reach the coast further north, some 
of those coming out through the passes last going no doubt direct to 
the coast of Washington and even further north. 

In 18S0 during a passage in the United States revenue steamer Hush 
from Paget Souinl to Uindaska, where we arrived on the lJ)th of -Janu- 
ary, I saw fur seals nearly every day — ^the vessel having passed througli 
the herd then on its migration from the passes to the coast and extend- 
ing entirely across the J'acitic Ocean. The time of the ai)])earan<'e of 
the fur-seal herd ott' the coast of the Pacific States differs slightly with 
different seasons, but as 1 learned during my investiga- 
ro^t'i'lrnciaeni'iy tiojia last spring, and as I have already reported, coin- 
witji certain ciiisHMoi eidcs witli the arrival of smelts, herring, and eulachon, 
which each spring come into the rivers in large num- 
bers to spawn. If the fish come into the rivers unusually early the 
seals appear off the coast correspondingly early; if the fish are late the 
seals are also late. That the seals must find fishing banks on the route 
does not follow: the sn])ply of surface fishes, squid, etc., api)ears to be 
ample for their wants. Both in Bering Sea .and the Pacific Ocean dur- 
ing <nir summer investigation we found herd.s of seals with their stom- 
achs Avell filled in nearly two thousand fathoms of water. 
In relation to tlie way seals travel, whether si i.^Iy or in bands, the 
natives all agree that they travel singly or in small 
bands never exceeding five or six and generally by 
twos and threes. 

One intelligent native, in answer to the question, said: "Seals travel 

like people, sometimes one goes alone and sometimes with another." 

Systematic observations of the movements of the seals in the Pacific 

obsorvition near ^^<''d"j «ear the passcs, at tliis scasou of the year is 

pasHPH'^hiipTacticabi.* impracticable. Almost constant gales and thick weath- 

iuwiiitor. ^,^. pievail. In the influence of the strong, current 

through the passes the sea is very rcnigh, and even were it possible for 

a vessel to remain there, few, if any, seals would be seen. Under such 

circumstances the seals travel very fast and remain under water except 

wiien forced to come to the surface to breathe, and then only the nose 

is i)rotrnded above the water for a moment. In bad weather on the 

sealing grounds in the Pficific and Bering Sea the seals disappear so 

entirely that the Indian seal hunters (erroneously) believe they go to 

the bottom and remain there until the weather becomes better. 

Having previously observed the seals over the entire route, and over 

a large portion of it many times, I am able to state 

in^baias*'" ""* *™^*'' positively that in no part of it do they travel in bands. 

Leaving San Francisco in March of the present year, 

1 followed the seals along the coast northward to the Alaskan Gulf, 

making careful observations of their habits, etc. ; subsequently and wiiilo 

the seals were still moving towards the passes, 1 went several times 

over their track between the Alaskan Gulf and the passes. I spent 



Manner of travel- 
iiig. 



,.,,»l.»«IWS<«M«liS' ff^ 



tiie re- 
passes 
liird — 
ts way 
lie p'.ut 
1 south- 
part of 
Hi Ore- 
1, some 
irect to 

pr llush 
)tMann- 
tliroujili 
cxtend- 
vaiwe of 
itly with 
ivestif-a- 
ed, eoin- 
!iilarlioii, 
iji'e iiuni- 
early the 
i hite the 
the route 
>ars to he 
eeau dur- 
leir stom- 

lauds, the 

in small 

erally hy 

als travel 
other." 
le Pacific 
year is 
ick w eath- 
g current 
)ssible fov 
iider such 
ter except 
y the uose 
er on the 
appear so 
hey go to 
er. 

, aud over 

e to state 

in bands. 

Isent year, 

5kau Gulf, 

'and while 

leral times 

I spent 



nEPOUT OP rAPT. HOOPRR, DATIOn NOVKMllKR 21, 1802. 2.'^3 

the inoiitli of August observing; the seals in Uorinji Sea. and in addi- 
tion the cruise Just completed, covering- Octobei' and a itart of Novcin- 
1 )er. 

As stated elsewhere, in nmUing the ])a-^sii{re from Puget Sound to 
ITmdaska in January, l.SS(;, 1 ])as.sed entirely tlirough 
the seal herd then making its migration to the "<'.oast." M.Ki.w.rtrav.iiM;; 
1 have cruised in IJering- Sea seven seasons including- 
the present, and have many times been along the (ioasts of California. 
( )reg(»n, and Washington during- (he months that tJie seals are present. 
1 have at all times in Bering- Sea, in the Pacific Ocean, and in the 
Aleutian Island i)asses seen seals traveling singly or in twos and threes; 
iVcfiuently a yonng male, female, and piij) are seen together, the <mly 
exception to this being w^heu they haul out ui)on Uoating patches of 
kelp. In Bering' Sea I iiave often seen a dozen or twenty seals upon 
one patch of drift kelp i'pparently resting. If disturbed, however, 
they spring into the water and sci)aratc, entirely reganlless of eacii 
other. From my own observations and what information' I can gather 
from all sources, I believe that upon leaving the islands in tiie fall tlie 
seals are entirely indei)endent of each other, each following- its own 
inclination, and that the small groui)s of twos and threes sometimes 
seen are but temporary and more accidental than otherwise. 

Tlie coast of the Pacific States is the destination of the herd after 
leaving the j)asses and a milder climate and the snuill 
fisli that infest the rivei's in the si)ring the incentives. nt;siiiiation ofhoni. 
The southern limit of the range of the herd being de- 
termined by individual likes is reached by but a small i)art of the entire 
lierd. Up to the time of reaching the coast the seals are very much 
scattered. After reaching the coast and while following it along to the 
mnthward the scattered seals close up somewhat and assume at times 
something the character of a herd or band. This, however, is but a(!ci- 
(lental. If disturbed they always scatter in all directions instead of 
moving off in one direction, as do walrus, sea-lion, porpoise and other 
;ininuils that are known to travel in bauds or schools. 

On November 10th the Corwin left the vicinity of the passes and 
sliai)ed a course for San Francisco. No seals were seen on that day. 
On the following morning in lat. 51° 49' N. long. KJO^ 20' W. out; 
si'al, apparently a yearlingwas seen, and on the mornivig of the 12th in 
hit. 50O 08' N., long. 156° 40' W. what was believed to be a pup seal 
was seen — the only seals seen during the passage although a good 
lookout was kept at all times. 

I inclose herewith an affidavit covering the main xjoints contained in 
tliis statement. 

Very respectfully, your obedient servant, 

C. L. HooPEU, 
Captain U. S. li. M., ComdUj. 

State of California, 

City and Countt/ of San Francisco, ss: 
On the twenty-second day of November in the year one thousand 
eight hundred and ninety-two, before me, Alvan Flanoers, a notary 
l»nb]ic in and for said city and county, residing therein, duly commis- 
siiined and sworn, personally appeared C. L. Hooper, captain U. S. K. 
uM. commanding, known tome to be the person described in, whose name 
is subscribed to, and who executed the Avithin instrument, and he ac- 
knowledged to me that he executed the same. 



234 



OFFICIAL llEPOHTS. 






I 



I 
t 



H 
';.'r 

I 



III wihiess wlioro'»f, T have licrtMiiito set, my liand, and afTlxod my of- 
ficial seal at my olVico in tlu', <'ity and county of San Frain'-isco, tlii5 day 
and vcai' in this ceitilicato first above written. 
(Si'.al) 

Alvan Flanders, 
Nuturi/ rublic ill and for the City and County of Han FraiKuscn, 

iitatc of California. 



hbport of captain coulso:.*!. 
Ordem to Captain Coulson. 

U. S. 8. YOKKTOWN, 3rd UATK. 

Unalanka, July 18, 1893, 
Captain "Wash 0. Cottlson, U, S. R. M., 

Comd'tj. U. IS. Rvrenue Cutter linsh: 

Sir: When you have filled with coal and the vessel nn<lor your com 
mand is in all respects ready for sea, you will proceed to tiie l*ril)il(>t' 
Islands, and haviny (M>mmiinicat«Ml with the Treasury A^t'nt, you will 
run on radiating lines I'rom these islands in order to obtain the infor 
niatiou requested in the enclosed communication addressed to Captain 
Tanner of the I J. S. Fish Commission steamer Albatross. Yoii will 
run the first line directly east from St. Paul and continue on that line 
until you are satisfied that you have passed the outer limit of the seal 
herd, when you will then steam north nntil the Island bears west by 
north, when you will head for it, and continue nntil you reach it. Con- 
tinue this work nntil you run out on a south course. You will then 
reverse this operation and follow the compass around until you reach 
the west point. Continue cruising in this way until it is necessary lor 
you to return to Unalaska for coal. When recoaled resume this work 
and continue it until you ret^eive further instructions. 

You will consider this duty as in addition to your duty as a cruising 
vessel and you will use your utmost endeavor to obtain the information 
required. 

If at any time you have reason to suspect that sealing vessels are 
about, drop all other work and capture them. 

You will receive from the Fish Commission steamer Albatross such 
portion of her sealing outfit as you may require. 
Very respectfully, 

E. D. Evans, 
Commander U. S If., Comdg. U. S. Naval force in Beriny Sea, 



Report of Captain Coulson, 



'it ! 



U. S. REVENUE Cutter Ritsit, 

Unalaska, Alaska, (ith September, 1892. 
Comdr. R. D. Evans, CT. S. N., 

Comd'j. U. S. Naval Forces in Beriny Sea, U. S. S. YorMown: 
Sir: I respectfully inform you that in obedience to your orders of 
July 18th, 18l>2, regarding the "unexecuted portion of 
the duties assigned to the U. S. revenue steanior Al- 
batross in Bering Sea in connection with the investi- 
gation of seal life," we took ou board from that vessel on the first day 



lustructions. 



RErORT OP CAPT. COKLSON. 



23;') 



of Anj,Mist oiip soul boat iiiid (Hillit, one brcecli loadiiij;' slM»tj>uii, with 
.iiiiiiiuiiitioM uiid all Mio iiocessary implonu'iits for skiiininj;' and |n<!sorv- 
iiifi' tli«! seal taken while prosecuting' the work. On the same day Mr. 
A. IJ. AlexandtM', fishery e.\|)ert, and .f. K- licniian, seal hunter, reported 
on board for duty to assist in eollectiu};' sjieeiniens of seals and jjather- 
iwiX thedesire<l information. I also received from Captain /. L. Tanner 
of the Alhatrofis a eoi)y of " instructions for the steamer Alhdfrosn" yvt 
to be e\e(;ut«'d in (ionnection with the sen I work in IW^riuj;' Sea. r>ein<>' 
tiius e(iuipi)ed we sailed from this port Aii;;ust 3id f(»r tin; I'rihilof 
lslan<lH to carry out as fully and complefely as possible your orders, 
and at the same time collect all of the data re(piired on the subject. 

After conferring with the si»ecial aj-ent on St. Paul and St. (leorgo 
Islands, tlie East line was taken up on the (llh day of 
/vufi;ust and we have cruised dili,";'ently; substantially Aroa cov«roii. 
covering that part of lierinj;- hea lOastward of the 
I'ribilof Islands from the North to the South points of the compass, 
and as far away from those islands as in my opinion it was necessary 
logo. The results of our work are herewith submitted to you lor 
your information, and for transmittal to the pr(4>er authorities in the 
form of statenuMit and tables, viz: 

1st. A chart* jtrepared under my direction by Lieu- 
tenant Cantwell, of this vessel, showiiii>' the track of A<rc.mpnnying doc- 
the vessel, the location of seals, etc, 

2ud. A trans(!ript of the Seal Log kept whih; engaged in the work. 

Jird. A statenuMit by A. 1>. Alexander, Fishery lC\pcrt, as to agi', 
M'X.and coiulition of tlui seals taken. On this paper will also be found 
til" .•eitili<:ate of J. E. Leunan, the Seal Hunter, who did ti;e hunting 
and killing. 

4th. A general statement on which all of the dcshed data is given in 
detail. 

Seven seal were killed and taken during the month of August, 
and the position of each one is given on the (Jhart, 
tiie statement ot Mr. Alex.auder, and tiie transcript of 
tiie Seal Log. Five other seals were shot at, wounded and lost, thus 
showing a large percentage of loss. 

The statement of Mr. Alexander who skinned and dissected the seals 
shows that six of the seven seals taken were females; three of the num- 
ber nursiiijj coici, three were vir/fiii, and one a male, or (» to I. 

None of these seals were taken lu'arer than 'M miles from St. Paul 
Island, and the nursiug cows at distances of .SO, 1)8, and 110 miles. 

At every station where the vessel was stopped cod- 
fish was taken; in some localities they were abundant, 
at others only a few were caught. 

During the month and while prosecuting the work the vessel has 
cruised nearly three tho isand miles, and in the whole 
time not one vessel engaged in taking seals has been 'I'-scwsw. 
seen. The weather, as will bo noticed by the Seal Log, has been un- 
favorable for sealing a greater part of tlie time, added to this the 
scarcity of seals on the Eastern side of the Pribih)i' Fslands will ac- 
coinit tor the small number of seals observed or taken and the little 
information gathered. 

On nearly every point of the comi)ass on which the lines were run 
the seal herd, or what might be termed numerous 
seals, were passed at ten miles, and the numlnn-s de- 8u^"f® "^ *^'*''' "^' 
creased rapidly, so that at forty miles few seals wer«^ 
seen, and at tifty, on most all of the courses, i 

•ScoClmrt V, I'tirtfulioof Nfaps ami OUartii, Couutur 



SouIh taken. 



Bistributiou of lisli. 



I 



signs of seals were 



Case. 



23G 



OFFICIAL liKPOKTS. 



soon. Tlio cvooptioii In this riiU^ was in oiio or two of tlio "N'ortliorn 
iind Nortii lOiistcrn liiu^s, wiioro soais wore mot in small nnnilxTs, ono 
hundred miles away IVoiii St. Paul Island; those were apparently 
loodiuffon some surl'aee food, as lar;^e llocks of w'l.kie birds, and iu 
one instaiife a whale, were in the vicinity, ^'ight coming on pro- 
vented eiose observation or invostij;ation. 

Jjieuteuant Newcomb ami a party werr landed on Amak Island, but 

the closest inspeeti(»n tailed to see or tind any seals ov 
iM.VcTi?P'Krmimi "'* sifi'u ol'soal life there, and I have my doubts whether 

there is any i>laeoin llerinjjf Sea, excepting the I'ribilof 
Islands, where seals in any nund>ers haul out. 
J am not prepared to express any deeide<l opinion regarding the rai)i<l 

decrease of the seals in tlio Ilering tSea and on the 

Boaiili'* "' '"''"°*'' ^*''^' I'^'iii'tlst l>'»t there is no doubt that unless i»olagie 
sealing outside of Bering Sea 'in be either limited or 
stopped, it moans the exterjnination of the oouis at an early day. 

Tiie skins and specimens collected by this vtissel have l)een turned 
over to Cai)tain 0. L. Iloopor, of the Convin, for transportation and to 
bo forwarded witli tlu^ cateli of that vess(d to Dr. C. IJart jMerriam, 
Agricultural Department, Washington, D. C 
Very lesiiectfully, 

Wash C. Coui-f^oN, 



KKroRT OF CAPT. COULSOX — INCLOSUUKS. 



237 



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238 



OFFICIAL REPORTS. 



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230 






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IlEPORT OF CAPT. COULSON-INCLOSURES. 243 

Wash. C. Coulson, 
Oxn Sei'TEmbek, 1892. OaxHum Commanding Hush, 






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OFFICIAL RKPORTS. 



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REPORT OF SPECIAL AGENT ITENRY. 



245 



H 



REPORT OF SPECIAL AGENT HENR7. 

Orders. 

Department of State, 

Wnsliin(jton, October 1, ]Sf)3. 
A. J. Uenry, Esquiro, 

iS'rtn Francisco: 

Sir: You hw liPtoby appointed a special apent of the Department 
(il State for the puri)ose<)f making an iuvesti {Ration at 
N'ictoria, B. V,., and elsewhere, to obtain sn«'h testi- Appointment, 
iiiony as is possible, and to report upon niatt<'ra eonneeted with the 
cliiinis presentiul by the Briti^li Government before the Tribunal of 
Arbitration to convene «at Paris. 

You will receive more specitie instructions from W. H. Williams, 
isquire, special ayent of the Treasury Department in San Francisj^o, 
and under whose directi<m y<m will act in tlie matters entrusted to you. 
1 am, sir, your obedient servant, 

John W. Foster. 



IS 

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InBtructioni. 



Report 

San Francisco, Cal., Novemhcr 19th, 1893. 
To the honorable the Secretary of State : 

Sir: I have the honor to report that in acicordance with my letter of 
;il»l)<)intment as 8])eciid agent of the State Department, I reported to 
Miijoi- W. 11. Williams, special Treasury agent, and from him received 
1 lie following verbal instructions: To proceed at once 
to Victoria, i3riti8h Columbia, and to obtain such tes- 
timony as I was able, in the Bering Sea (controversy in relation to the 
cost of sealing vessels, their outfits, and so forth, and all other mat- 
ters appertaining to the question at issue before the Tribunal of Arbi- 
tration to be hereafter convened in Paris. 

Pursuant to such instructions, I proceeded directly to Victoria, Brit- 
isli Columbia, leaving San Francisco on the 10th of October, 1891i, and 
iiriving at Victoria on the 13th. I at once took steps to find out the 
ilisposition of the sealers towards the United States 
ill tlie Bering Sea controversy. Asa result of my in- Public mnHin.nt 
\ estigations 1 found that public sentiment was very stfiies."^'""''' """ 
Witter against our Government, that the citizens of the 
I ity of Victoria were in symi)athy with the sealers and that they were 
\ eiy cautious what they said in relation to sealing. 

Tlie Sealers Asso(.iation of Victoria has amonj.- its members some 
promiiwont citiz<Mis of the city and has a great deal of 
iiifhience, and the residents seem to be afraid to incur wdiSn'tL/im,"iIy!''" 
I lie displeasure of the association. I at once saw that 
ii would be utterly impossible to obtain written testimony in Victoria 
routrary to the interests of those engaged in the sealing business, be- 
iiiuse any person giving such testimony would be boycotted by those 
in sympathy with the sealers and probably ruined financially. 

A few days after my arrival I formed the acquaintance of several 
owners and masters, as well as many of the crew atul 
Imnters of s«'aling vessels, and owing to the fact that ji^^"'*^"" ""^ infon.ia- 
ilicy supposed, from my inquiries, that I df»sircd to 
< iigage in sealing the coining season, they talked freely with me as to 



TWP 



24G 



OFFICIAL REPOHTS. 



1 



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tlie cost f»f buildin^:. niiHitfiiii;, iMxl fiiniisliiiijj sonliiifj vossols. mid nlso 
ill i»'I:iti(»ii to tlic wiiycs |);ii(l (»r till' "'lay'' ol" the cic-.v, tli<' piolialdc 
pntlits lor the. i'utiirc, ami tlicir cNpcrioncc witli tlic scaliii^i- (Ice! in tlui 
]>ast few years. Tin' followiiij; is tiio- siihstaiK'c of these various eoii- 
versatioiis, tVoiii notes made at tlie time wiieii tliey were lield. toj;etlier 
witli tlie names, (Kuuipations, and experiences of my inlbrmaiits, wliich 
notes are substantially correct traiis<!ripts of the conversati(tns, all ot 
which took place in the (iitv of Victoria between October 14th, l.S!>i;, 
an«l November lOlh. is;»2. 
Captain 1). Morrison, who Mas mate on the sealing schooner IV/Z/jV 

Mcdoirnu, this voar, stated to me that sealiii;*' boats 
Huiis7«h'nn'.'"'''" "'"^ cost 8100 apieceVhen new, and that iti-osts from AT. 00 

to .* 10.00 i)er month tbi' subsistence ]ier man. 
Cai)tain Sieward, owner of the sea lin*;' schooners 7M»* Sicicnrd and 

Mascot, and who has had sev«>n years' experience in 
f'ost of Dora sie- \]n^ sealinjjj business, stated that liis ])rovision bill for 

a crew of twenty- live men on the J)(>ya Sieward was 
$1,200 for a cruise of seven months. Jle further stated that steam 
vessels for sealinj; i)urposes were very i)oor proi)erty and that not one 
in the fleet has ever paid expenses since it was built. He also said 
that the Dora Sicirard is 0!) tons register, that she is new and 
lirst-chiss and cost 8 1 4,000 all equipped and outfitted for a season's 

cruise. Kejiardinf;' tlie coastinj^ trade of sealing ves- 
'tTi'i''" *™'^'' "" '^^'^'^ during the months of Octobei', November, Decem- 
'*"' ' " ' ' ■ ber, and January, Mr. Siewai'd said '' It would not pay 

and there was nothing in it." He further stated, that Carne & Munsie 
(grocers, shipowners and outdtters of vessels) told him on October .'Ust, 
1<S!}2, that they would agree to furnisli groceries, su]>i)]ies, etc., for an 
r ,. , Indian crew for one-half what it would cost to fit out an 

IiKliiiiis Iras expen- , <■ i -i. ii i. i.i i i i i i ii i -j. 

fiivc thiiii whiles cqual crcw ot wlntc mcu ; that they had had both white 
(Cnpt. siewaid). j^,,,j f„,ijm) ei'cws ou tlicir vessels, and that an Indian 

crew was not over half the expense of a white crew. He also said 
that Imlians furnished their own canoes and canoo outfits. 

Cajitain McLain, master of the sealing schooner Favorite, made mo 
the Ibllowiiig statements: 

I liavo einployoil botli wliite and Iiuliaii hunters; Indians nro now as oxponaive 

as white hnnttTs; thoy want ovorytliiiig and ph>ntyof it. Five 

Imliims ns expon- ^jj j^jj^ years aijo I coiihl feed tlieni on niohisses, rico, or anvthinyr, 

BlVt! ilN wllltcs (dipt. ^ ^i" 111 i- .. 1 riM -i. 1- 1 1 J 1 i ,• "^i 

ilcLain). and thoy wonid 1)6 satistu'd. then it did not cost nnich to f(!ed 

them. Th(iy are always paid by the sliin and furnish their own 
canoes and spears. Fornn'rly they did not use the f^iin hut very little, proferriiii;' 
tli(^si)ear; hnt now tliey nse the fjiin mostly. The .-ost of feedini^ a white crew is 
from $7.50 to $8.00 per month to the man. $2,000 will cover everything for a crew 
of twenty-live men lor an eigiit months' crnise. 

Captain Pinckney, master of the sealing schooner Henrietta, stated to 
me: 

Provisions for a (Tiiise of seven to eiglit months for a crew of twenty-three to 
twenty-five men will cost about $1,600 to $1,800; this also includes 
Cost of (Mjuipinont. ammiinilion. Imlians furnish their own eaiiocs and are i)aid so 
much for each skin, but receive no washes. Tliey are sometimes 
piven $10.00 each bounty money to get them to go North. We give them bread, 
rice, sugar, and potatoes. The seiiliug season begins about March 1st and closes 
from August 1st to September 1st; generally aim to get home by the first of Sep- 
tember. 

Captain McDonald, mate on the sealing schooner Favorite in 1892, 
stated : 

Cost of provisions. 



It docs not cost over $8.0i) ])cr n'.(!nth ])or man for food, 
coulidcut $2.00 a weelv will feed a man well. 



I am 



REPORT OF SPr.riAL AGENT ITEN'RY. 



247 



11(1 nlsn 
■olmblr 
I in Mm^ 
MS coii- 

, wliicli 
s, nil ot 
h, IBtHi, 



1- WiVie 

o' boats 
mi><7.00 

nr<l and 
ioiicc in 

bill lor 
ard was 
lit stoaiii 
; not ono 
[ilso said 
i(>\v and 

season's 
ling ves- 
, Decom- 
il not pay 
t Munsic 
)ber .'Ust, 
L'., for an 
ifit out an 
)tli wliite 
Indian 
so said 

made mo 



oxpenaivo 
it. Fivii 
anytliiii;;. 
[■h to t'ceil 
their own 
pret't'rrinn 
it« crew is 
for 11 crew 

stated to 



ty-tliroe to 
so includes 
are paid so 
8onn>tiines 
licni Itread, 
and closes 
rst of Sep- 

in 1892, 



:ood. I am 



KxtiM cost for Bto.ini. 



As to the niattci' of "coast trading"' diiiin;;' \hv niontlis of ()et(»l)er, 
Noveinlter, Dccciiibcr, and .lanuaiv, I have eonveiscd 
with Captains Mci.ain, ^l(>rrisoii/lMii<'KMioy. SicMvanl/ j,/,,';;;;J;,'^7' "-'"-i" •'"■ 
.MrDonahl, and scvcnil otiicis, and they carh and ail 
said tiiat "there i-^ notiiin;, in it and it would not pay to fit ont foi' if." 
and cited nie to I . «' fad. that if it would i)ay tlieie wonid b<^ plcnl\ of 
llie vessels enpi^icd in it, instead of layinjn' in the iiarbor here dniinj;- 
those nuuiths. 

Carnie & Mnnsie, Captains Grant, Sieward. and otlieis in Vic^toiia 
are enj^aued in or interested in the mercantile busiiu'ssand own s«neial 
sciiooners each, so that theyait' in Ihe best possible posiiiDO to enjiflge 
in the "coast trade'' and make it j)rolital)le, if anyt)ne could, and thciy 
would certaiidy do so if there was any i)rolit in it. As it is, not one of 
the sealing licet goes into that business duiing the winter. There are 
at this time about tifty-live (."».")) sealing s(dn)oners in Victoria harbor 
laying idle. This fact alone is conclusive evidence Jis to the i)rofitable- 
iiess of the "(M»ast trading business." 

U'illiam Turpel^':.(|., wlio is the i)roprietor of the Central Ship Yar<ls 
at Victoria, and also ownerof the sealinu' schooner ,, , , 

.,,.„, 7 J. i 1 i. i.1 i. 1 • • '• 1 •!! <• Cost or proVlHlllIIS. 

.S'/^//6' /V/7>C(, stated to nn> that his i)rovisioii bdl for 

-'.{ men for an eight months' cruise was !?1,.")(»0, and about $400 worth 

lit" the provisions were brought back. ITe also stated 

that he estimated the ditferencii of building a schooner 

iitr steam auxiliary would cost about $200 more for 

the carpent<'r work. 

II. R. Foot & Co., who ar(5 builders of yachts, boats, and canoes, 
stated that they would build a schooner for me at the 
rate of $7.5 per ton gross tonnage. 3Ir. Foot is now Costofschonnor. 
building a steam schooner of 1»» tons capacity, the 
price of which he stated to be $2,000 all c<»mplete, wnth comjiound 
engines, boiler, and surface condenser. He further stated that he 
would advise me not to build a schooner su])plied with 
;iu\iliary steam |»owcr. as such vessels so far have Anxiiinry si.am 

,•11. 4 • I' i. i- 1 J. power uot iidviiiit;i- 

tailed to prove satisfactory or successful on account Jreons. 

lit their not being able to carry i)roi)i'r sails, so as to 

he good sailing vessels, and have not sufUcient steam capacitj' to use 

steam altogether. 

li. W. Calvin, esij., projUMetor of the Clyde Ship Yards, stated to mo 
that he would build sealing boats at the following 
prices: Copi)er-nail boats, $110 ea(;h; galvani/ed boats, Costofboats. 
>'!)H each, all outlitted with oars, sail, etc. ; and he 
I'lirther stated to me that he would advise the use of the galvanized- 
nail boats, as he considered them bettei', and that the majority of the 
hoats in use by the fleet were galvanized nailed. 

Mr. Munsie, of the iirin of Carne & iMuiisie, already mentioned, 
stated that the cost of a slock of provisions for a crew 
nf 2',i to 25 for a cniise of 7 to S months would be Cost of provisions. 
>< 1.400 to $1,500. This is exclusive of the ammunition 
iiMjuired. 

Martin Kelly, a dealer in stoves and tinware at V^ictoria, informed 
iiie that he was having a steam schooner for sealing, 

. . ii' /n 1 ^' \\r I I'A".- • Cost of Hto.'iiil 

purposes coiisfructed by Clark & \\ atson, ot victoria, srhoonor. 

the description of whicli he gave as follows: Length 

<)V(;r all, 75 J"(>et; beam. 14 feet; depth of hold, 7 leet; capacity, about 

TO tons. To be supplied with a folding ]»ropeller and the best ma- 

'iiiiiery, with |)i)wer to speed her fully 11 knots per hour, the contract 

price tor suck vessel being $10,000. 



i^ 



248 



OFFICIAL REPORTS. 



Tlio, following statoinciit in relation to insurance on scaling voasols 
was givi'.n m^^ by il. I*. Ititluit & (!o., agents oftln> Sun 
iiiMiiraiK'tnitoM. Firo and Marine Insurance Company, of Ban FraneiRco, 
and also for Lloy<l'8 agency at Victoria. Tlie rate on 
sealing schooners and cargo is 7 per cent per annum, 4 per cent guar- 
anteed, tlie ])olicy tobe canceled 24 hours after the arrival of the vessel 
ill port. For short rates they gave the following ligures: Kate for 4 
months, 4 per cent, or $W per $1,000; rate for 7 months, ^ of 7 per 
cent, or$40.83 per $1,000; rate on a vessel while lying in harbor, 1^ per 
cent per annum, 

I hereto ajvpend a mein(u-andum handed n\e by one of said flrni in 
•■elation to the insurance rates above referred to, whi(;h is marked 
Exhibit A. 

1 was further informed by Robert Ward & Co,, insurance agents of 
Vi(!toria, that the rate on sealing schooners and their outfits is 7 per 
cent ]>er annum, and the rate is the same on steam S(!hooners as it is on 
sailing vessels. 

The sealing schooiu'r E. B. Marvin having been advertised for sale 
by an auctioneer on November 7th, 1.S92, a copy of wlii<'h advertisement 
I hereto append, marked Exhibit J3, I made inquiries as to the cost of 
furnishing said schooner with steam auxiliaiy, I received from the 
Victoria Machinery and Iron Works a written tender by 
Cost of <n«iiio uiKi ^vhi(!h they ottered to furnish me an engine and boihT 
for the schooner E. li. Marvin as follows: "Upright 
engine, 14x14, with Clyde boiler, 84 inches diameter, 120 inches long, 
delivered at Victoria, for the sum of $4,400," which tender I hereto at- 
tach, marked Exhibit 0. They also stated to me that such an engine 
and boiler would be of sutticient power to drive the said schooner at a 
speed of from 8 to 9 knots an hour. 
The said auction sale of the schooner E. B. Marvin having been 
adjourned until the 0th day of November, 1802, I at- 
tended such sale in the company of Captains Pinckney, 
McClellan, Seiward, INIcLain, Smith, and McDonald. 
The price for which the said vessel was sold was $0,800, all complete, 
with seven boats, ten Parker shotguns, one ritie, and everything belong- 
ing to her except the stores and provisions. 
On the 3rd day of November I viewed the model of a sealing schooner 
which a Mr, (Jline, of Victoria, intends to build this 
Cost of schooner Winter. He Stated to mc that he already had tlic lum- 
now buihunj;. ^^^, ^^^^ ^^^^ j^^^^.^ ,^^^^^ ^j^^ sealing boats, and that the size 

of the vessel would be as follows : (Hi feet keel ; 83 feet over all ; 20 feet 
beam and feet hold, with a registered tonnage of 05 tons. The cost 
of the schooner and six boats all ready for the rigging and sails 
would be $5,000, and the cost of the rigging and sails would be 
$1,500, making a total of $0,500 for the vessel outfitted with boats, 
sails etc., ready to receive her stock of provisions for a cruise. 

Charles Powers, an old seal hunter who had had seven years' experi- 
ence, stated that the lay of hunters 5 or years ago was 

aj am wages. ^^^^j^. jjj^ rjQ per skin, aiul that the wages of boatmen and 

seamen were $30 jier month. 

1 had several conversations with Captains Morrison, Pinckney, Mc- 

Laiii, McClellan, Smith, and several otliers who are in the sealing bus! 

ness, and who practically agreed on the following facts: That the seals 

Mi T tion of soais gt> f^s fii^ >^f>iitb as the coast of Lower California, and 

KM on o soa s. ^^^^^ many of the sealers start out in the latter part of 

January or fore part of February, and go south uutil they meet tho 



Auction sale of i' 
7{. Marvin. 



REPORT OF SFKCIAL AGKKT IIRNRY — I'.XIIIiaTa. 



240 



Ki'nxon. 



soals, and liaviiifj fallen in with tlioiii, follow tliciii north into r)t'rin<,' 
Sra. Ko^i'anlinfc thr projjortion o( tVinaNi seals in a „ 
• atch, (litlerent partii's vai-icd in tin'ir estiniatt's, sonic """'" '"■'*' '"* 
placiii}; the i)er('onta{;e at abont (»(> per cent, while others placed it at 
I't per cent of the whole. Thci majority of tiieni ([note the latter llgnro 
lis beinjf nearest to the probable percentajfe. The rea- 
sons tliey fjave me for there beiny' a j;reater nnmber 
of females killed than males is that the females iin\ {jencrally heavy with 
yonn;;and are not so active or lively as the males; eonscipiently they aie 
iMiU'h esisier to cai)ture. The sann- parties also informed me tiiat tlm 
Uritish (lovernment, in the Bering' Hea controversy, wonld maintain 
tliat the nnndxT of femahis killed is no j;ieat<'r than tlie nund)er »»f 
males killed, but they stated that 8U(!h a proposition <lid not accord 
with the facts. 

1 herewith append to my report specifications fen- two sealing schoon- 
cis, one of 35 tons rejjister and the other of Hi) tons 
ic;;ister, which I snbmitted to William Tnrpel, i)ropri- 
cfor of the Central Ship Yards, of \'ict(»ria, and also to 
II. R. Foot & Co., shipbnilders, of said city, marked exhibits 1> and K. 
1 also append the written bids on said s))ecitications that I received 
from the said William Tnrpel, marked Exhibit K, and also tln' written 
l)id thereon, which [received from II. K. Foot & Co., marked, Kxhibit (r. 

Mr. Foot, of the last-mentioned firm, stated to me that the cost in 
carpentering work to tit such vessels for auxiliary steam would be very 
small, and that he would make no extra charge for it should 1 decide 
on putting in such steam auxiliary. 

I also append two written bids from Victoria tirms 
showing cost of furnishing such vessels with steam, ^1^^,','* for fumisiimg 
marked Exhibits II and I. 

All of whicl is respectfully submitted. 

A. J. llKNuy, 
Special Agent State JJe^artmcnt. 



Spociflrntinim iiiiil 
IiIcIh lor Hi'licioni'i'ri, 



I 



it 



ExinniT A. 

Insurance rates on scalers. 

7 percent per annum, 4 per cent guaranteed, to bo Tn^nrancp rates. 
ancelled 24 hours after arrival in ])ort. 
'or 4 mos. on 81.0()(> w<»uld be equal to guarantee say, 4 i)er (tent, or !i<4(). 

Fin- 7 mos. on •'? 1 ,000 wouhl be equal to7-lliths of 7 per cent, or §40..s;{. 

Carry 3-4 valuation of vessel and full valuation on invoice of cargo. 



ExnmiT B. 
Advertisement of sale of IJ. B. Marvin. 

[Auction on Monday, Nov. 7tli, at 11 a. in. — Snaling selioonor.] 

1 have been instructed by the managing owner to sell by auction 
it mv salesroom. Fort and Langley streets, the line 
schooner E. Ji. Marrin, 117 net and'l2;J gross tonnage, ^^^^TK.1rZnZ\ 
Iniilt in Kennebunk, Maine, IT. S. Frame ami i)lank- 
iiig of white oak, copper fastened; licr bottom was metaled last year. 



■ I 'i '.]:sSLiB'3Ai.m«i.mmam 



If; 



250 



OFFI(ny\L RF.rOUTS. 



Slio is woll liiiown (Ml llic Atlinitic and Piicific, ocoaiia ns bciiij; tlio fast- 
est ol' (lie llcfts and one of (l.i> best s('Ji-f;'(»iiis vessels on the coast, 
l)eiii}jf one. of tlie few of tlie licet that is well adapted to otiicr jMir 
])oses than scalinji', an<i is well worthy tiic contidence of any seaman. 
The vessel will l)e sold with ail her boats, jjjnns, and outfit now on board. 
Inspection (»f experts is invited. The inventory niay be seen on appli- 
cation to — 

G. JiYiiNiCfc!, Auctioneer. 



ICxiniMT (3. 
Bid for ctujine ami hotter for E. 7>. Marvin. 

( Vii'torin ^racliinory Dcjiot. Macluiio Sliojis 17 ,iiiil 1!) Work St., I I'ii.v. A^ciiIh forTlio .Tolin Poty 

Kii^liiir (;<)., of 'I'linililo; et'iihiMlliy lii.ji'i'lots; Valvoliiir ('\ liii(l( r :iiiil MacliiiuTy Oils; Ma;;noli:i 
Aiili-l'"riilion Molnl, otc. 1'. O. liii.i "JOi. Ti'loplKmo call r>70.| 

ViCTOlllA, B. C, JJnd Nov., 18!).t}. 
Vj. a. lloi.MAN, I'iSq., 

/'. (>. Sio.v n06: 
Dkak Siu: Keferrin.n' to your enrpiiry for encjinc and boiler to .t>o 
into schr. E. li. Marvin, we otfcr to supply one 11" i)y 
u •;''• /'"' J'",r",'r •'"'' K'" uiiriyht engine, with "Clv<U''' boiler 81" dia., IL'O" 
loiiji, delivered at Victoria lor S t,'40(). 
Yours, truly, 

SniATT & tin AY. 



'■:• i 



E XII nil T n. 

Specifications of material and manner <f ttuildiiifj a aeliooncr of 35 tons, 

U. IS. rej/ister, measurement. 

Model to be lino, as s^iecd is desired. Internally arraufjed for a seal 
hunter. All cleats, eavels, and tittinj;s for spars shall be of oak, or other 
j;oo(l hard wood. Timber not otherwise spcciticd shall be of jjood 
J'uiict Sound ])iiie. 

keel. — l()xL"J" iiieludinj; shoe. 

Stem. — Side 10" and mold 14" outside of rabbet. Lock scarfed to keel 
and fastened with ;5x 1" iron. 

Sternpost. — 14x11". sided to 0" at top of keel. Secured to keel with 
stern kuee, fastened with 7-S iron. 

De.fiirood. — Side 10" and mould of sulhcient depth to receiv* the 
heels of the cants, fastened with 'A-A iron. 

Keelson. — 10x10", fastened with two 7 S bolts to each frame driven 
from toj) of keelson to within two inches of bottom of keel. 



Fra 



me. 



Timbers, side (!" and mold 8" at keel and H" at deck. 



l-'raiiies si)aced 24" from center to center, fastened to keel with one 3- 1 
ill. bolt. Frame fasteniiifi', i)iiie treenail. 

(\'ilin(j. — -" thick from keelson to lower turn of bil«.jo; thence to 
deck ;V' thick, fastened with 4 and seven inch sjjikcs. 

Clamps. — 1x10", worked on toceilinji' and fastened with two 3-4" bolts 
to each frame, one driven from outside and clinched on clamp. 

Dcek tteams. — tlxlO", fastened to clamp and frame with oneT-Sand 
0!ie3 4" bolt to each cud of every beam, hangiiig knees urh-- each cml 
of the partner beains. 



.,>,ta«i«^'«»«»^«^ 



fast- 
const, 

M- puv- 
I'iiniiui. 
hoard. 

1 appU- 

niccr. 



.Toliii Poty 



1S9.2. 



o W" by 
lia., I'JO" 



CUAY. 



r ,7.' /rt"S, 



tor a seal 
orotluT 
of j-ootl 



REPOT7T OF SlT.CIAl- A(;K\T IIKNK'Y KXHIHITS. 



251 



OufHhIc ),! ink. — (Jarboanl .3", otlioi- L'.j iiiclics tliick, faslciiod witli 
(•oiii])o.silioii spikes and ])in(' treenails, two spik<'s aiul two treenails 
to eMcli frame and plank Itelow Hie wati-r 1in<>, and locnst. treenails and 
;;;ilvani/ed spikes iihove llie water line 



Ihil:. 
)il 



)\.'V', laid with strain vertical and fast«Mied with ri-Kixa in. 



pike, f(alvani/e( 



linil. — .'{x7 iiurlies, fastened witii one S" galvanized s|)ike to vnvM 



>\;\\\ 



liion. 



I'htnk-.slirry. — 15 inclies thick, fasten<Ml ■with in. j^alv. S|>ikes. 

/iidirarhs. — 1 I 1x1 T. and (1. i>iiie, fastein il with <;iilvani/.ed nails. 

It'iiihlcr. — Stock ol'oak S"di!nneter. Twosc)- ofconrposition ;;iid};<'ons. 

ir/H^//<f.s'.s'. — Donhle n'eared ii'on jiijtsy ol' proper size, 

(lahiii. — lOxtendinn' Ironi side t(> side at lieijilit of rail and iiCtc^en feet 
i'oi'e and att, with two leiiji'ths of heiths and i>antry on each side, 
painted with two coats ol' wliite paint. Stove for healin<^. 

Sinns. — Bowsprit, fore and mainmast. Mainto])Mnist. Two booms, 
tw(» ualfs oC ijood material, and made with proper itrop(»rtions, 

Siiils. — .lib foresail and mainsail, of No, ^i cotton dnck; staysail and 
uat'ttopsail of No, S. 

HUiiiUkj. — Wire standinj>; ri;;<:ing- of proper size and length. 

StevriiKj (jcnr. — Wheel and tiller, ropes and blocks, 

Aiirhorn. — One of ir»(), one of .'}."»(), and one of 120 pounds. 



Cha 



Ills, 



[it fathoms A \ in, ami 45 fathoms .IS in, chain; one coil 



.")A in, manilla i'o]»e for kedj>o line. 

CiiiiJUiiKj. — The vessel shall be well caulked and made ti^^lit, 
Pninthuj. — Thei'c shall be two coats <»f jjood co])|hm" ]>aint on the 

liottom and two (!oat,s of whitelead i)aint elsewhere that i)aint is re- 



tiree 



Ydirl hont. — There vshall be a lU-foot yawl boat and t oars. There 
shall beone spirit com])ass, sideanchor.and cabin lam])s; knives, Ibi'ks, 
and dishes for cabin. I'r^'m the main hatch forward in the holtl will 
tic tilted a place for c i ''\.in/ and for the crew to sleep, 

Notwithstandinji' oaiissi'tns in the ])re('edinpf si)ecifications, they are 
intended to cover 'lie buildin}i'an<l ('(jnippinji' for sea a schr. of .'{") tons, 
witli the exce)»tioii «.!' ji'alley furniture. Xautical instruments not 
included in the above. Water casks and ship's .stores. 



>d to keel 

keel with 

ceiv* the 

le driven 

at deck, 
th one 3- 1 

thence to 

k4" bolts 

|u> 1'^ and 
■eaclienii 



]'"xiiii!rr E. 

Sjifoificniiouf! for huihliiu/ a scliooiur of ahonf SO tons, U. S. rcfiistrr 

iiii'((siir''i)inif. 

\'esscl is intended for a seal and ottei' huntei', and must be a fjood 
■iiiler, 

Kudder stock and all littinjis for spars shall Ix^ of oak ov other yood 
liar<l wood. All not otherwise specified shall be j;«)od l*uyet Sound 
pine. 

lurl. — 12x21", includiuii' shoe, 

SIciii. — Side 12" and mold lo" outside of rabl)et, 

tStcnijiosf. — KixKl", sided lo 8" at top of keel. Secured to keel by 
f-t(nn knee and comp(»sition dovetailed plates and fastened with 7!S" 
iron, 

Ih'ddirood. — Mold of sullicient dei)th to receive the heels of the cants 
and fa.steued with 7-8 iron. 



f 



m 

m 

m 



r 



252 



OFFICTAT. REPORTS. 






F/v/mr. — Tiniliors, sido S" and mold 10" at kool and 0" at tlio doolc; 
iViiiin's spaced US'' Iroui center to renter and fastened to keel with one 
.'» 4 in. bolt. 

Ka'Imn. -\2\ll". Fastened with two 1" bolts driven iVoni top of 
keelson to within - in. of bottom of keel. 

(Jciliu;/. — .{'' thick from keel to lower turn ol' biljje, then six streaks 
4 l»y 10", fastciiied with 2 :|" bolts to each frame and i)lank. Tlience 
to deck .'?" thick, fastened with 7 in. s])ikes. 

fUainps. — Six by I welve inches, worked onto the clamps and fastened 
witii two I in. bolts to each frame. 

Ikck hcanis.-SyAO''. Partner l)eams 8x12", fastened to clamps witli 
two I in. bolts to each end of <'very beam. Partner an<l hatch beams to 
have han^iii^' knees. 

Oiitsidf phdil,-. — Garboaid 4''. Other .'V thick, fastened with comi)o- 
sition spiiies. and pine treenails below the watci- line Sscjuare fastened) 
and ^alNani/ed spik»'s and locust treenails above the water line. 

rUtnk nhccr. — 4'' tiii<'k, fastened with ji'alvanized spikes 4x4", laid 
with };rain vcrri<'al and fastened with j^x(5" j^alv. spikes. Kail, 4x10". 

nulirarhs. — l|x4", fastened with jialv. nails. 

Cahin. — Kxtendir.}; from side to side at heijjfht of rail and fore and 
aft 15 feet, tinished with one stateroom and six open berths. Water 
closet and jtantry ajid stove. 

Fonrasth: — In the hold forward of the main hatch there shall be 
berths for the crew and a jdace fbrcookinj;. 

Rudder. — Stock 10", white oak, (!omi)osition gudgeons. 

Stcerer. — Heed's patent (diamond screw). 

Windlass. — Pumi)break, Ki-inch purchase. 

Anrliors. — One HoO, one 450, and one 200 lbs. 

(Jliains. — 45 fatlumis of I in. chain, 45 fathoms of J in. chain. 

Sjxirs — Free from bad knots inid i»roperly jnade. 

tSails. — .lib foresail of No. 1, tlyiny jib No, 5, staysail and gaff top 
sail of No. 7, cotton duck. 

Iiifigiuff. — Wire standing and manila running rigging, one eoil 4 in. 
kedg<' warp. 

('(lulh-iiuf. — The vessel shall be })roperly caulked and made tight, and 
the s(>ams cemented below the water line and white leaded above. 

L'aint'uKj. — Mottinn shall have 2 coats of good <;op])er paint. Else 
where 2 coats of white lead paint. 

There shall be a Ibtiiteen toot yawl boat and lour oars, one spii'itcom 
jniss, side and anchor lights, cabin table, lan\ps and dishes, a foghorn, 
liand Iea<l, and line. 

it is undt'rstood that the vessel will be fully equipjv.'d and ready for 
sea, constructed of good material and in a workniaidike manner, except 
ing galley furniture, water casks, nauti(;al instruments and ship's stores. 



IM 



*l 



ExniniT F. 

Hid for building '>5 ton schooner. 

Central Ship Yard, 

Virtoria, />'. ('., Xor. 16, 1S93. 
I do agree to build a thirty-five ton sealing schooiu'r, aiul fnruisli 
niudel and all material. She will be a fast sailer. Will 
be next to j llalcyoni. I will furnish tirstclass stock ainl 
do the \v«»rU to the satisfactiitn of who may superintend the building. 



Htil t'lir scliiK)i*'j 



^.^s^M. 



ho clocl; ; 
with one 

111 top of 

: streaks 
Thence 

fastened 

[ri])s with 
beams to 

h compo 

fastened) 

ne. 

xl". hiid 

il, 4x10". 

1 fore and 
, Water 

c shall be 



fjaft' top 

coil 4 in. 

lit, and 
)ove. 
nt. Els<' 

;j)irit eoni 
I foj;h«nii. 

ready for 
M', except 
)'s stores. 



'6-, 1803. 

d furnisli 

ler. Will 

stock an<l 

biiiUUn},'. 



REPORT OF RPECIAL AGENT HENRY EXIIIHITS. 



253 



All will iHMlone in accordance with the sp(>(i(ica( ions now on view, for the 
sum of live tlumsand dollars. This includes [ — ?j liniiij; and sternpost 
lor steam, if required. 

Wm. Turpel. 



Exhibit G. 
Bid/or huiUUng 80-ton and 35-ton schooner icith auxiliary steam. 

[rriviitc.) 

Warren's Wharf, 

Victoria, li. C, Nov. 16, 1892. 
!■]. A. ITOLMAN, 

Victoria: 
Dear Sir: With referenec to your enquiriujj: as to i)riccs of 
scliooncrs, wc have to sav tliat we could suiuilv a ,..,,. 

, !• • 1 i. i ^ i. i- • 1 1 1 I'll' liir scliipiiiuT. 

-;cliooner ot eij>hty tons measurement, hnished and 

loiiiid as i)er your sjiecitications, for the sum of eigl t thousand seven 

hundred and iiity dollars ($8, 750.00). 

A schooner of thirty-tive tons we ccmld sup])ly for four thousand 
llirec hundred and tweuty-tive dollars (.*4,;?2.">.00). 

In both eases we will jjuarautee a model which will give satisfaction 
! ( to s])eed and seaworthiness. 

We vould als(» mention that in ease of your ffiviiif; us the order, we 
sliould be able to build under cover, which wouhl be of ji;reat advantage 
;o the hull in winter. 

With regard to i)utting in auxiliary steam power, we are only pre- 
jiared to submit approxiniat<' ]n'ices, as we have had 
no time to get ]»rices from manufacturers. We think p,,'^;.''^,^''* i^""' "• «ti"""' 
an 8" x 10" engine would be about the size for the larger 
vessel, and the cost of that, with an iii)right boiler, would proiubly be 
about $ 2,000.0( extra. 

For the smal er -me, a 0" x 8" engine, with ui»right boiler, would bo 
lo-mt $1,000.(M> extra. 

We might i)o>ssibly reconsider the above prices on getting further 
details as to the coustruetiou, etc. 
Yours, etc., 

If. E. Foot & Co. 

(Mr. Foot states that the cost in the ear|)enter work to lit them for 
aux. steam wonid be small, and he wouhl make no extra charge for it, 
slKJuld we ileciUe on putting in the steam auxiliary.] 



ExiniiiT TL 
Bid for J'urnishiiKj marine nKji^es. 

[Victoria Mai'liinory Dopot. Mitcliiiic .sIhijih, IT ;iiiil 1!) Worlt «li. •■( I:<k'1< n:iy.] 



12. A. UOLMAN, Es<i., 
Victoria 



V^ICTORIA, B. (;., lf<th yorember, 18!)2. 



1 ictona : 

Dear Sib: Your favor of the lUli to O. P. St. John, Mgr. Jno. Doty 
llngine Co., for whom we are agents here, has been 
landed to us for r-ply, and we beg to quote as follows : "'^ ^"'"^'""^ ""«'"" 



'^mmmmmmmm 



254 



OFFICIAL RKPOKTS. 



One 8"xS" niiiriiio tMijijiiRi, witli ''Clydo" boiler 18 inches (U;ir., 72 
iii(;lie» loii;;', I'oi" §1,175. 

Olio l()"xlO" iiiariiio tMif^'iiio with "(Ilydo" boihii- (50 ins. diii., 7H 
iiK'Iuss loii;;-, for !?l,sr)(); botli dclivciiMl afc Vitjtoria; or \V(i will furnish 
both for !j(L*,.S()0 if ordered to«>('tlier. 

Tlio above prices ineinik; Mie tbllowinj;' ai'lu'les: 

ICnfjfinc with hnk motion, le(!d-|)uni|) or injector, thrcad-bearin;^:, 
wheel to throw olf ct^dre, propeller shaft and (;ouplin;;s, propeller, 
stern-bearing-, sferii ]»ipe and stniUii}^' box, throtllevjilve, lubricator, 
oil cups aiul drain-cocks, bilj^e syjilion, sea-cock and llanges, feed water 
heater, 

Uoiler with {jrate-bars and castinj^s, smoke-box, smokestack, stay- 
band, stop-valve for steam pipe, f;lobe valve, check-valve, exhanst- 
l)ipe, water-pi[)e, rain curtain, steam j;au.n«', {^au^^ivcock, blowotf cock, 
glass water- j;auj^e, steaui-pipe, whistle, safety valves. 
Yours, truly, 

Spuatt & GliAY. 



Exhibit I, 

Bill for furnishiuf/ ciujUich for iSO-ton and 3~>-ton schooners. 

[Ollicoof the Allium lion Works Co., I.il., cngiiuorM, iron tViuiKliMs, iiiiil boilortnakurs.] 

Victoria, B. O., November 18, 1893, 
Vj. a. Holm an, Esoj., 

P. 0. Box 506, Victoria : 
DiCAuSiR: This company will supply you with one engiiu'., 7" and 
14" X 12", tandem compouml, and one l)oiler, o' (J" 
r.id for steam oiisini'. (!ia.x8' \ou^, outsidc. coudeuser, aiul 2-blade i)ropeller, 
5' ()" dianu'ter, for your SO ton sehoon«'r, for the sum of 
$.3,100' and one enj'ine (»" and 12"xS", tandem compound; one boiler, 
1' (5"x V' louji' outside condenser, independent air pump, 2-blade pro- 
peller,4' ({" diameter, for the ;>r)-t(»n scluxuun-, tor the sum of $2,200. 
Thesi pri(;es are for nnichinery set up in boats, 
"i ours, truly, 

W. F. BULLON, 

Manager. 

State of California, 

City and CoKiitt/ of San Francisco, ss.: 
A. J. ricnry, beinj;' duly sworn, deposes and says: The foregoing re- 
port made and signed by me is true in every particular. 

A. J. Henry. 

Subscribed aud sworu to before me this 10th day of Novend)er, A. D: 
1802. 
[L. S.J Clement Bennktt, 

lioturi/ I'ublio. 



lliir., 72 

(liii., 7S 
fiuiu.sh 



be;ii'in{;, 
i-opcllcr, 
)riciitor, 
'd Wiitci- 

i-,k, stay- 
I'xhiiiist- 
otf cock, 



Quay. 



rs, 

kora.] 

S, 1893. 

I',, 7" iiud 
',r, 5' 0" 
)n)lH'llcr, 
Ui sum of 
lo boiler, 
ult' pio- 



|N, 

inagcr. 



jroiiig vc- 



lENUY. 

jer, A. D. 



KEPORTS U. S. CONSUL MYERS. 



REPORTS OF U. S. CONSUL MYERS. 



255 



Dis^Hitch No. I'.Ki from Consul Mi/crs. 

OONSULATI'; OK TlIK UMTKI) S'l'ATER, 

Victoria, li. C, Nomnhcr 10, 1802. 
Ifonorablo Wilmam F. VVhauton, 

Asuistant Sicrctanj of State, SVashiMjIon, I). t\: 

Sill: r (Miclosc with this (lisi)atc,li live special n^porls, jcirt of wliicli 
1 have been iusti Mctcd to make. 'IMiey an*. (^iititltMl as Ibllows: 

(3itizciisiiip of ".loscpli lioscowit/," "Indian Hunters," "Indian 
Ciitioo (!oast Cat<'li," •' IJej^istcrod Owners," "Value of a Scalia;:,' 
Sclioonor." 

Tlie lirst four nanu'd d<> not sciui to call for comment or explaiuitioii. 
riieir im])ort and |)uipos(i are obvious. 

The fiith, relation' to the sale of the schooner E. U. Marvin, in siff- 
iiilicant, as indicatinj;' the cash value of a vessel of lliat description, 
hi my enunuMatiou and valuation of scliooners, April U!>, l.Sl>2, 1 placcul 
ln'i' value at J^D.riOO, which was decidedly above: what she was actually 
uorlli, .S<J,SO(), as sh(»wu by lu'r sale. This convineiis iiie that my esti- 
mate at that time was much too high throughout the list, but I wanted 
to be fair, and even liberal, with the sealers. With regard to the valua- 
tiiin of schocuuMS and thiMr outlits by tin; sealeis themselves, I think 
liicyareat least twice as much, on an average, as the facts would justify. 
1 am, (sir, your obedient servant, 

Levi W. Myers, 

fhnaxil. 

[KneloHUics i,'*" Abiivu Iii<li(Mte(l.l 
CITIZENSini' OF .JOSKPU UOSOOWITZ. 

Joseph P.oscowitz, for many years last past a resident of Victoria, 
r.ritish (Jolumbia, stat<'d to me on October 2tth, 181)2, tiuit he has been 
all these years, and is now, a citizen oi' the Uinted States of America. 

Levi W. Myers, 

Consul. 
United States Consulate, 

Victoria, British Columbia, Novcmher 7, ISO. 



'2. 



INDIAN HUNTERS. 

There are eleven Indian reservations on the west coast of Vancouver 
Isjiind, and in 18!(1 they contained a total Indian pojtuhition of 2,804. 
It is from these reservations that tlu^ supply of Indian hunters are ob- 
t;iined for the liritish Columbia scaling lleet. Statistics obtiiiiie({ at 
the Victoria custom house gi\e the number of Iiidiim hunters emx)h)ytd 
■ nice 1880 as follows: 





Yt!;ir. 


1>0. of lllllltr 

or*. 


IKfifl. . . 


80 




1-oi 


No flRuros 
tivou. 

:i85 
290 


l.u.S'J.. . 


1-H) 


IjI 


445 


r-u.! 


405 





,f.g,Ji,x! 



2:>(] 



Ol'KICIAl, KKroiM'H. 



l\^' 



A iiiiijorily ol' IIm>s<> liiiiil«'rs arc iiiiinan jimI yoiin^ incii. It would 
p(M'li:i|)s, Itc a lihrral cslimah' to say llial lor lliis yrar oiir tliird (»l" tlic 
roast liitlians. oi- I, (MM) prrsoiis in all, prolit '. or \vi'r*> in souir way Ur- 
pcndcnt on tlM< lUilisli Columbia scalii '"< tor a liv<'lilioo<l. 

Ki'Ai W. l\h i;ks, 

Con.siU. 
UnitI'",!) Si'.\ri;s ('onsim-ati'., 

Victoria, liriiiNli ('oluinhiit, Xnnmhrr l(), is!>.i.>. 



INDIAN (^ANOK <'(),\S'I' CATCH. 

Statistics as to tliis ratcli arc nicaiirc. no ;itl<Mn|»t lia\'in;j Iummi made 
1)y the \ ictoiia rnslonis ol1i««'rs to collcti llu'ni until a year or two a;:o. 
In IS<M llic customs reported an Indian coast calcii. or canoe catcli, 
ot' 101 skins. Ilariy (luiilod, the Dominion huiian a^;«'ul for the west 
coast of Nancouvcr Island, in his it'itort lor the sanu' period, est i 
males the canoe catch at l.."»tM> skins. Tin* a;;e!d'ses|iniaie is piohahly 
the nearest ((uiecl. lor the reason that the skins are l)rouj;ht to \'ic 
toria in small lots, sonu> whicii would be overlooked by tlie customs 
authorities. 

The canoe catch I'oi- 1S;>L' is placed by the customs ollicers at l,r»(M» 
skitis. 

It is sale to estimate the annual canoe catch <m the Vancouver Islam! 
coast al l.(M)(tto l,r>Ot> skins, and no donbi it was lireatcr in foruM'r 
yi'ars. owiny to the stealer innubcr of seals and tluM'ase with whicli 
they were approached. 

Lkvi \V. M vkks, 

t'oiisid. 

I'M i'i:i> 8rA ri'.s Consi'laii-,, 

\ ictoriti, liritisli Coliiinliid, yovoiibrr 10, 1S9J2. 



K KG 1 SI' 1 ; K 1 ; no w N 1 ; i; s. 



:il 




ISS'K 

Amid lirvk. — Thomas llenr\ t'oo|>;'r, sc»le owner for the year i88fi, 
1SS7, and 1SSV». 

7'//(>////(i«.— James IVajilas WarnMi. sole «)wn(>r foi' the years 18S('», 
1SS7. and IS***. 

(hitrani. — l>aniel M<'Lean. ."VJ shares; Charles Spring, 32 sliures, foi 
the xeai-j* ISSti. 1SS7. and 18S!>. 

ir. I\ Sniiiriinl. — TlKunas Henry Cooiter. .'iU shaies, and Andre\ 
Lain;:. .?!' shares, in 1SS((: Jean .\iiii Scott and Isabell Sc(»tt, Joim 
owners of .">'_' shares, and Tlionias Henry Cooper owner of tlu- remain 
iii.u i>L' shares, in 1SS<>. 

linii. — Thomas llenrv Cm)i)or, sole owner lor the wai.; 188G, 1887, 
and ISSt). 

ihlphiu. — Thomas Henry Cooper, sole owner lor tUo years 1880, 
1S87, and 1881). 



UKI'OKTS I'. R. <(»NS!'I, MYKIJS. 



2r>7 



I \V(tnl<V 

<1 (if (llr 

way <W'- 



Jo US id. 



A)l<i. <'Iiii,sl<»iili<'i' l,r«'. .'.'J sliiM.'s; .Imiiicm lioliiiisoii, .".'J sliiil'cs, A«la 

IS ic^^isln rd 111 Sli;iiiL;li!ii. 

Mi'rrd Athinis. -.Incolt (liiliiiMii sole, owiici- in issd; Moriin Mohh in 



I s,ss. 



lillVI W . M \ KKS, 



CoilHUl, 



l!.Nrii;i) Si'\'!'i;s CoNsrr.ATi',, 

Virltiriii, /;. (!., Aonmhn- 7, I'-tH.'. 



•(Ml inndt' 
ti\v<» af:<». 
io«^ ciitcli, 
lln> west 
'ri(»(l,r.sti 
pioltiibly 
lit to Vic 

> «'US(0II1S 

^ at t,r>no 

vcv Island 
in foniirr 
itli wiiiili 

Coltsiil. 



)f soalinix 

SI' «»r tliis 

It'ic sei/.ctl 

y fill's ill 

1S.S7, and 



,('ai' 



a IS 



is.sti 



18S(1 



diaiTS, toi 

Aiidn'V' 
I'utt, join' 
If I'ciiiaiii 

880, 1887, 



■ 



ars 



1880, 



VAUM", Ol'' A Si;At,IN(J snirooNKR. 

'Vhc sraliiijL; scIkhmk r /v. //. Mmriii was sold at inildic aiir.tioii ;«t tliis 
pnit NoNfiiilicr !>, IS!»L'. Tlic, |»rif(' |iaid, i nrliidinj;- one. suit ol' sails, 
i\ scaliiiKl'oals, seven sli«d}iiiiiN, and one, liiass Hij;nal;^nn, and ono 
1 hiunonieler, was !i«>,S(l(l. 

'I'lie Miirrin isotHMdlJ! ' lar^^estof the V'ieloiiu sealing licet; tonna^fc, 
117. Slie eanie IVoiii liie /Mlanlie coasl, was rej^isleied at Keiinehee, 
\l;iine, and (laiislei red lo the I'liilish Ha;;' at N'icloiia, l>eeeMii)ei- IH, 
l>s,s, :iiid is iIm- only vessel ol' llie Heel Iroiii the eastein coast built of 
(i:ik. She was loi nicily caih'd t he Mollir Adams. Slie, is in {;'ood con- 
liilion, havin;.;' been newly coppered last wiiilcr or spi in;.,', at a <',ost of 
>.;.'J(I(>, iiirliidiiiL; (ilher ri'pairs. 

She was bid in iiy It. HeabrooU oi'lhis city. 

This sale ami the pri<'(^ jiaid is an important indication of tlic. valno. 
(if sealing; ^choonci' piojieilyin this port. She is the, largest except 
me (I lu' <Vr/)/*////f) ot the sailing; Heel; is ei^iit years old. in j^ood repair, 
:iii(i included in I hi' sale was the out lit of e(|iiipiiientsaboveeiiiinierated. 

Li;vi \V. MvKifS, 

Comul, 

llNiTioit S'rA'ri;s('<»Nsiii,A'ri5, 

\'uioriay llritisk dolinnhia., Norcmhcr 10, IHO^, 



Dispatch N^n. 1!)7 from ('onsul Mi/crn. 

(!()NSrLA'l'IO OF 'I'lil'; IIiNI'li;!) S'l'ATKS, 

Victoria, 11. r., NoronhcrL'l, l^J,9. 
Ib.iiorable WiT-TjAM l'\ WiiAirroN, 

Assistant Sccrcfarif <>/' iSlatc, Wasliivfifou, />. ('.: 

Sii}: With this dis])atcli are, inclosiMi oiyht special reports, and Ji 
dncuiius'it' containin}>' oxtrucits from the evidence in the snpi'eme court 
III liritish Columbia, in cases, wherein the litijiants were .1. I>. WarrcM 
;'ii(| .loseph lloscowit/, of Victoria, I!. ( '., and which extracts set forth 
liic business relations of these iiarties for a niimbi'r of years, including 
l^s,->. ISSd. and 1SS7. and the interest .losejih ISosrowitz, an American 
liii/.eii, iiad in the sealiiiin schooners seized by I'liiicd States otlicials 
ill l.sst) and ts,s7. These sjiecial repoi ts are desijiiiated as tbllows: 

••l\*e;L;istei'ed Toiinaji'c I'ecoid:" "(leneral Statistics;" -'.Sverajii^ 
'itch per Schooner;" '• .Mort}ia.i;es on Seized Schooners:" '-('ostof 
> ;iliii;j, r.iiat- and Ontlit;" "I'iiearms used by Seal ilunters;" ''(Just 



i-;{04 17 



See PI'. 301-320. 



258 



OFFICIAL KKI'OUTS. 



I < 



<»f Aiinmuiilion;" "Division of tliti Sciil-skiii Ciitclics l»y Hritisli Coluiii- 
bill JSciik'is;" and the '• Docinncnt of l-'xtiacls fioiji llvidtMu-o."' 
i am, sir, your obedient servant, 

Levi VV. Mvki:s, 

Consul. 

[Inclosnrcs ns aliovii inilicalid.] 

REGIflTKllKl) TONNAOn KKCJOUl). 

Tlio registered tonnaj^e of tlio sealing- selM)oners named in tlio list 
found below is as follows, aecordinj;- to tln^ re.nister of said vessels in 
the euslom-house at Victoria, Hritisli (yolumbia: 



Kaiiio. 



Anna Beck 

(.'ill'olt'Ilil 

Tliornton 

Onwaril 

W. P. Say ward... 
(trace (ntcaTmr) . . 
Uiilphin (sti'anit'r) 

Ada 

Alfred Adams 



Kisi-stcicil 
t()iiiiaj;c. 



40. :i-t 
:ji. !)ii 

29. :!!■, 

:t.'., -.'11 
riu. 71) 

7(i. .'<7 

fid. Ill 

Sfi. !l."i 

OS. :,-, 



Customs: Canada, Victoria, B. C, 
November 2S, 189:2. 



A. II. Milm:, 

Collector of Customs. 



United States Consulate, Bkitisii CoLiniBTA, 

Victoria, B. C, No con her :J2, 1893. 
T, Levi W. AFyers, Consul of the United States at Victoria, IJ. C., d.i 
hereby certify that the sij-iiature of A. K. .Milne at the foot of the writ 
inj;' heieunto attached is liis true and jLfenuine sii^nature made and ac 
km)wled}>ed in my presence, and that the said A. K. iNIilne is i)eis(in 
ally kiutwn to me; and I do furtlier certily that he is collector of ens 
toms at the port of Victoria, IJritish Columbia. 

In witness whereof, I have heieunto set my hand and affixed the 
seal of tiu' consulate, at Victoria, H. (',, this day and year next abovr 
written, and of tlie Independence of the United States the one hundred 
and seventeenth. 
[SEAL.] Levi W. Myers, 

Consul of the United /States. 



■Hr > 



%. 



GENERAL STATISTICS. 

The statistics jjiveii below i>resent the number of schooners of all 
nationalities chartered and litted out in Hritisli Cohnnbia ibr ix'lafi'ic 
seal-liuntinjj' in the Nctrtli Pacific Ocean and IJeriii;.:- Sea lor tlu' yeais 
ISSl to 18112, inclusive. The number of boats and canoes. nund)er n(' 
crews including- whites and [ndians, and the catch of seal skins ai^ 
also given for the above mentioned period: 

ISSl. 

Total nnmber of schooners, 10 — Ibitish,!); American,!. Xuinber nf 
ooats, 12; canoes, 140. Total crews, 'SoS — whites, 10; Indians, l".'-'. 

f Tliis inchiHiire will bo found witli tlio ' MaMcr nliitiiig to owucrsliip of ccrtaiu 
st'iiliuy vessels seized by tlio United States,"' posl p. oOl.J 



HKPOHTS U. S. CONSUL MYERS. 



25f) 



Ciitcli was between l.".,(l(M) and 1 1,000 skins. No aullicntic statistics as 
lo c'iiteli, wliicli was all made otl" the I'acilic coast. 

1.SS2. 





the list 


cssels ill 


licaistcrccl 




tuiiuago. 




40.:!-> 




Ill.WI 


' 


'2ii.:ii'i 




;!.'). 'jii 




fill. T'.l 




7(1. ST 




fiO. 1(1 




fiii. '.i.'i 


; OS. 7,-. 


TSK, 


I 

J 


u^toins. 



Total number of schooners, l.'J — Urilisli, 113; American,!. Number 
of boats, 15; canoes, L'OO. Total crews, 151 — whites, 51; Indians, 100. 
Catch, 17,700. All coast calcli. 

1883. 

Total number of schooners, 10 — I'litish, 9; American,!. Number ot 
liiiats, lli; canoes, 1 IS, Total crews, 'MUi — whites, 10; Indians, li'.KS. 
( atch, 0,105. The small catch of this year is accounted for by a scries 
of severe storms alony the coast. 

ISSl. 

Total number of schooners, 11; all Hritish. Number of boats and 

(Miioes(not}4iven). Total lacws, 150 — whites, j Indians (uot yivcn). 

Catch estimated at 10,500. All on coast. 

1885. 

Total number of schooners, 15; all British. Number of boats and 
canoes (not f;iv<'n). Total (^cnvs, bSO — whites, ISO; Indians (not ;;iven). 
( atch, lower and uj^ipcr coast combiueil,L!U,l570; Ucriug fcJea catch, 1,L'00. 
Tdtal, L'7,470. 

188G. 

Total number of schooners L*0 — liritish, 16; American 3; Gorman 1. 
Number of boats, S.'i; canoes, 30. Total crews, 372 — whites, 252; In- 
dians, SO. Catch, lower and uijycr coast combined, 13,081); Ucring . 
tiea catch, 13,408; total, 20,212. 

1887. 

Total number of schooners, 21 — all British. Number of boats, nO; 
canoes, 48. Total crews, 411 — whites, 311; Indians, 100. Catch, 
lower and upper coast combined, 12,018; l>criny iSea catch, 14,505; 
total, 27,543. 

1888. 

Total nmnber of schooners, 17 — British 15; American, 2. Numberof 
boats and canoes (not j;iven). Total (uews, 2iH — whites, 204; Indians 
(Hot j;iven). Catch, lower and upper coast combined, 0,010; licring' 
Sea catch, 15,727; total, 22,010. 

1889. 

Total number of schooners, 24 — British, 23; German, 1. Number of 
boats, 72; canoes, 194. Total crews, (!4(i — whites, 201; Indians, .'jS.l. 
CaL(!h, lower and ui)per coast combined, 12,703; Bering Sea catch, 10,058. 
Total, 20,001. 



2G0 



OFFICIAL UKPOIITS. 
1890. 



Totiil Tininhor of sclioonors, 30 — liritisli. 20; (Icrmiin, 1. Xiinihor of 
l»()iits, 107; ciiiiocs, 11.-). T(»l!il cicws. (I'JS— wliitcs, .LIS; Indians, L'iiO. 
('atcli. l(»\v('r coast, J,iS70j ui»it('i' const, 10,71lJj i>eriiiy Sea, 18,0011. 
Total, lOjL'Oy. 

1891. 

Total nuinbor (>f ^''tinoTiors. 51 — IJiitisli. r»ri; AmonVnn. 1. yiiinbor 
of Ixtats, L'.'il; canoes, 170. 'I'otal cicws, l.lSl — \vliit<'s, 7.'>'.>: Indians, 
415. Catcli, lower coast, 1,127; uitpei' coast, I7,dl3j Ueriiiy Sen, 20,21(1. 
Total, 50,810. 



i ¥ 



1893. 



i> 



Total nunibor of scliooncrs, (ifi — r.rilish. 05; American. 1. Xnnilx i' 
of boats, 27.'{; eanoi's, 250. Total crews, 1,117 — whites, 052; Indiins. 
405. Catch, lower coast. 4,570; ni>[)er coast, 24.5S5; Asiatic (Copper 
Island) catch, M,S05. Total, 40,125. 

Levi AV. Mvi;ks, 

Cuiisul. 

UNITKn StATKS CoNSlTLATE, 

Victoria, litHish (Jolnmiiia, Kovcnihcr :23, 1S02, 



AVERAGE CATCn I'ER SCHOONER. 



The tabic found below shows the average catch per schooner of (lie 
('aiiadian sealinj>' licet frf)ni 1S81 to 1802, inclusive. Tlu; statistics 
contained therein have been .uathered from Canadian olUcial and otlier 
authentic sources and arc believed to be correct: 



IRSl . 
188U . 

ihh;! . 

ISHl . 
18H.') . 
18S(i . 
18H7. 
1888. 
18S!) 
18!K) 
ISlll . 
1802 , 



Year. 



No. of 
vcssi'la. 




12 

11 
U 
15 
lii 
21 
15 
2:i 
29 
51! 
fi5 



Total 
calcli. 



Avorafto 
catch. 



Total 

liciiii;; Sc.l 

tatcli. 



•Asiatic 



000 
700 
lii5 



l.i 


5(!U 


27, 


470 


2t 


M4 


27 


5i:t 


22,415 1 


27 


Olid 


:!!) 


547 


4i),tl61 1 


1 '" 


125 



1,, '•.."> . 

1,47.") . 
1,021 . 
1,5(10 . 
1,821 i 
1.50!l 
l.Ull : 
1,404 i 
1,215 
l.HM I 

!):i7 

722 



Avora^o 

Hcriiij; Sea. 

catch. 



1.2011 
12, 22:', 

14. .-.05 
l,'.,li2l 

15, 407 
18. .500 
28, 005 

* 14, 805 



7iit 
1,041 

07;; 

01 .' 



Levi W. ]\lYKi:f<, 

Consul. 









II 



United States Consiteate, 

Victorid^ liiidnh Coluntbia, November :2;^, lSi'2, 



UKi'OllTS U. S. CONSri. MYKUS. 



201 



iiilior of 

ins, 2W). 

18,51)0. 



lii(lii\iis, 
I, uu,:: t»i. 



ludi'.iis. 
US, 

CuiisuJ. 



M(>]!r<iA(Ji;S ON Si;iZKl) St'HOO.M'.Kf?. 

Tlio nioit;2fnffo record in llic custoni-lKMisc at \'icl(»i'ia, T5. C, sliows 
lliiit on Ciuiailiaii scalinj^' vessels seized in IJeriiiii Sea hy armed vessels 
(it tiie United Stales for alleged infraction of American sealin;^;' rij;iit.s, 
I lie roliowinji-iuontioiK'd moit;;a^es arc rceoided : 

On the Thornton, in l.SSO, a mortga;4'c of >< 1,01)0 ami interest in favor 
111' .losepii iloscowilz. 

On tiie Anna lUvk. in 188(5, a inortjin^ic of .*(),0(K) and interest in 
l'nv(»r<)f .losepii l>osco\vitz. 

On :V1 shares of tlie IT. /'. Stn/icdrd, in 1887, a inortgaj;c of )?li,r»00 in 
l'ii\oi'of Josepii Uoscowitz. 

On tlie, (ifdcc, in 1880, a niortj;age of $0,000 and interest in iavor of 
.Idsepli lioscowitz. 

On tlie Dolphin, in 188(), a inortyaji'e of 8<>,000 ami interest in favor 



(il .lost 



pii J: 



oseowitz. 



On tlie CaroUnn. in ISSO, a mortnaj^e of 81,000, no interest, in favor 
of A. .1. r.eciitel. 

,iosepli IJoscowitz and A, J. Uechtel were in those years citizens of 
the United States. 



Levi W. iMveijs, 



United States roNsuLATE, 



Consul. 



Victoria, British Columltia, Korcmhcr 23, 1S93. 



nor of tlie 

statistics 

and other 



Avpvajio 
|ft| lUM-iiijiSca. 
liitih. 



1,1141 
OT:! 
(VI : 



lC'o»s'i(/. 



COST OF SEALING DOAT AND OUTFIT. 

Tlie followinji' is tlie cost of a sealing' boat and outfit, new, Victoria 

prices: 

nil,' sealing boat $110.00 

• I lie sail with ])()lo (.(M) 

'] wo j)airs oais, at .+2.25 \hv pair 't.50 

Total lis. 50 

The boats are made nsually of white pine. The sail and pole are, as 
a rule, made aboard the schooners by the boat's crews. 

Levi W. Myers, 

Consul. 
United States Consulate, 

Vivloria, British Columbia, Kovemhcr 22, 1S92. 



FIREARMS USED BY SEAL HUNTERS. 

r><»th r)iitish and .\meiican lireanns are used by seal hunters. 

The ])rincipal llritisli shotjiinis used are manufactured by W. 
I'iiliards, ('. (I. Ijcnieliill, and V. S. Harrison. The IJicliards jiuii is 
uniih in Victoria frcmi $30 to $35. The Harrison and lionehill jj;uns 
ini- woi'th $00. 

Tlie American shotjiuns used are the Parker IJros., Lefevre, L. C. 
^^iiiitli, and CIayl)oroii;nli. The Tarker f>uns arc woitli from $50 to 
•^liMl, accordinji' to jiiade. A iiood many hammerless Talkers are used. 
Thiy are worth about $05. The Lefevre, iSmith, and Clayboroiigh 
IJiiaims averai^c from $50 to $00. 



l-i ! 



^^ 







IMAGE EVALUATION 
TEST TARGET (MT-3) 




/. 



^ - '<^^. 




1.0 



I.I 



1.25 



1^ 12.8 



m 



22 

1.8 



14 ill 1.6 




Photographic 

Sciences 
Corporation 




33 WfST MAIN STREET 

WEBSTER, N.Y. 14580 

(716) 872-4503 






4 






:/j 




<> 



2G2 



OFFICIAL KEPOUTS. 



When ii linntor uses a liifjli-pruicd ffuii it is usually liis private prop 
crty, and is not Hupplied by the oiitlittcr oftlie si-hooner. 

Tlie Winchester repeater is t]iei)nn<;i pal riHe used, in sizes as follows: 
38-55, 4(M»0, 45-00, 45-70, 45-90. Tlie averii},'t^ price is from $18.50 to 
$21. A few Marlin rifles are used and cost about $20 each. 

Numbers 8, 10, and 12 shotfjuns arc usc<l. A majority of the hunters 
seem to think the No. 12 j^un (the smallest bore) the most ctt'ectivc 
for killing; seals. 
No muzzle-loading firearms are used. 

Levi W. Myers, 

Consul, 
United States Consulate, 

VivtoriUf Britiuh Columbia, Novcnibcr 22, 1S03. 



I W 



COST OF AMMUNITION. 

The following from an authentic source is the cstimiiteof the amount 
ami cost of ammunititui for a < 'iiiiiidi-.m scaling*' schooner carrying six 
scaling boats, and with a crew of 22 whit(^ men. Voyage to last tlu; 
entire season, Victoria prices: 

Eatimale of ammnnithn^ 

10 kojjR powdor (25 poniuiR oarli) at $7 per kejj $70. 00 

40 Hiii'kn shot (4 sarks to 1 Uvg oi" i)o\v<ler) at $1.50 |K;r sa< k (ii). (H) 

25, (HM) wads, at 75 cents por tlioiisanil 1?<. 75 

15,000 primers, at 90 cvuts jut thousand lit. 50 

1,300 brass bhclls, at $7 per biiudred 01. (K) 

Total :J53.:'5 

The shot used are Nos. 1 and 2 buckshot and " Four A" shot. 

Levi W. Myeks, 

Consul. 
United States Consulate, 

Victoria, British Columbia, November 22, 1S92, 



:} 



division OF THE SEAL-SKIN CATCHES BY BRITISH COLUMBIA SEALERS. 

The practice of dividing the sealing season into "catches" — that is 
the "lower coast catch," "upper coast catchj"and "Bering Sea catch." 
is of recent origin. It began, substantially, m 1889. Up to that year 
the custom of sealing <!a]»tain8 was to carry all the skins they took on 
the way to the North Pacific along with them into Bering Sea and to 
retain posession of them all through the season, returning with thorn 
to Victoria at its close. All attemi)ts, therefore, to divide the skins 
taken in any one year prior to 1889 ii»to "coast catches" or "Bering Stsi 
catclies," are estimates, and, to an extent, unreliable. So, when it is 
stated that 13 schooners took 30,955 skins in 1880, the statistician is 
careful to say "t/j and abouV^ Bering sea, and not that they were oil 
taken in Bering Sea. Tiie total catch of that year, including the N(»i tli 
Pacific and Bering Sea catches, was only 24,144, as returned by t lit; 
custom-lumse records at Victoria. Other illustrations of the raisleatlin;,' 
character of these reported "catches" could be given. 

The basis of a i)roi)er and accurate division of the season's work wiis 
lii'st fui'uislied iu 1889, when the schooner Wanderer was scut north to 






REPORT TKKASIUY AOENT LAVENDER. 



263 



brii pf down the Xoi-tii I'uirifhr oatiilios. SlioaiiivtMl at Sand Point June 
2ii, and acooniplishod her mission, the relieved sciiooners going tticnce 
into tlic Hea. 

In 18JM) the steamer Mischief wiiut on a like mission, taking the skins 
ofl' the schooners at Northeast Harbor Jniie 22. 

In 1891 the steamer Danube wi:nt north and met the sehooners at 
Alitak Bay June 20. 

In 1892 the Coquitlam was the stoamiu- emjdoyed, meeting the 
schooners at Tonki I»ay and Port lOtches, and being seized by the 
Voncin at the latter place June 22. 

Levi W. Myeus, 

Consul. 
United States C()nsulatk, 

VivtoriUf British Columbia, November 23, 1S92. 



II 



he amount 



REPORT OP TREASURY AaBNP LAVBtTDBR. 



Office of Special Agent Treasury Department, 

iSuint (Jeorge Island, Aug. 3Ut^ 1893. 

J. Stanley-Brown, Esq., 

U. S. Treasury Agent in charge Seal Islands, 

Washington, I). C: 

Dear Sir: A careful examination of all the rookeries on this island, 
[was] made the 29th inst., for the purpose of .ascertaining the number of 
dead seal pups (if any) to be found on the breeding grounds. 1 have the 
honor to make you the following report: On North Kookery there were 
sixteen (10) dead pups, most of which were uear the water where they 
had l)een killed by the surf, which is frequently the case when they are 
learning to swim. On Starri Arteel but three (3) dead pups were found. 
On East Bookery there were nine (9), seven (7) of which were also 
killed by the surf. There were no dead pups on Little East Bookery, 
and only six (0) on Zapadnie, all of which were near the water. 
Very respectfully, yours, 

A. W. Lavender, 
U. 8. Treasury Agent in charge St. (Jeorge Island. 



[Cortilicato of autbenticatlon.] 

United States of America. 

Treasury Department, 

December 8, 1893. 
Pursuant to section 882 of theBevisod Statutes, I hereby certify that 
the annexed papei is a true copy of an oflQcial report on file in this 
Department. 

In witness whereof, I have hereunto set my hand, and caused the 
seal of the Treasury Departuieut to be allixed, on the day and year first 
above writtCD, 
(seal.] Charles Foster, 

Secretary of the Treasury, 



l\- 



1 


'■ ! 


1 


■ 

i 
f { 



264 



OFFICIAL REPORTS. 



NOTES ON THE FUR-SEAL ROOKERIES OF THE PRIBILOF ISLANDS, 

JULY 18 TO 31, 1892. 

By B, W. Kvr.KMANN, of the United States Fiith Commission. 

Captain Z. L. Tanner liaviii|]^ carried out liis instructions .and returned 
to Uindaska where a board of survey condemned the boiler of the .1 / 
batruHH, tlius causing: some delay before starting off to the Pacific coast, 
1 decided to devote the time to such an investiffation of seal life on the 
Pribilof Islands as the few days at my disposal would pepnit. 

Ou the evening of July 17, 1 leftl^utch Harbor on the Bertha for the 
Pribih>f Islands. I had with me Mr. N.li. Miller, of the ilfftafross scien- 
tific staff, who accompanied me as photographer. 

We landed \i\Hm St. Paul Island on the morning of .July 19, and re 
maiued there until theeveningof July24, when we went by the liertha ti» 
St. George Island. Owing to rough weather we were not able to land 
npon this island until the evening of July 27. We remained on St. 
George Island until the evening of July 31 when we sailed on the 
Bertha for Dutch Harbor where we again joined the AUmtroHH. 

In view of the limited tinje at our disposal for the study of the fui - 
seal rookeries, the plan Avas adopted of visiting each rookery at h'ast 
once, and of paying daily visits, when possible, to Lukannon rookery, 
whose situation and general character rendered it i)articulaiiy well 
adapted for observation. 

Tlie following is an account of my observations upon the various 
rookeries : 

Lukannon lioohcry, Tuesday, .luly 19, from 1:S0 to 4 p. m. 

Apparently the height of the breeding season has not only boon 
reax'hed but perhaps passed. From one jjoint 1 counted as carcfuily as 1 
could all the seals in view along the rookery for a distance of about loO 
feet, the strip being about 100 feet wide. 

Counting them by harems, calling one bull and all the cows and pups 
about him one harem, I obtained this result: 



II a rem. 


UuUs. 


Cows. 


I'tipa. 


1 


1 
1 


7 

G 

4 

2 

27 

10 

2 

U 

T) 

12 

4 

5 




20 


2 


00 


3 


20 


4 


r, 


6 . .. . 


1" 





15 


7 


II 


8 





g 


:i 


10 


'JO 


11 




12 


i.'i 


13 


;ho 






Tolal 


13 


UO 


211 







The difference between the number of cows and pups is due to two 
facts, viz: 1, a few of the cows have not yet been delivered of their 
liup.s, and 2, most of the cows have already been served by the bulls, 
and have been permitted to go out in the sea to feed. 

Counting all Mie bulls, cows, and pups in plain view over a slightly 
longer strip, I found 15 bulls, 'JOO cows, and approximately COO pups. 



13. W, EVERMANN : NOTES ON ROOKERIES, PRIUILOP ISLANDS, 265 



LANDS, 



etiinioil 

the A / 

u; coast. 

c on the 

I for the 
i88 scien- 

, and 10 
iertlia to 
to land 
d on St. 
1 on tlie 

the fni- 

at h'ast 

rookery, 

ally well 

3 variou.s 



nly boon 
nlly a.s I 
bont loO 

vnd pups 



V8. 


l'Ul>8. 


7 


20 


fi 


(iO 


4 


20 


2 


f) 


27 


VJ 


10 


15 


2 


II 


U 





:, 


:) 


y> 


•jii 


4 


r. 


r. 


i:. 





H(i 



211 



to two 
lot" th«'ir 
V bulls, 

Islijfhtly 
pups. 



This is rmite rertainly a greater niunber of jinps than beh)nf; to the 15 
bulls, as the juips have alr«'ady begun to gather into pods, thus destroy- 
ing tlie integrity of the families. At one end of the area observed waa 
a very lai'ge pod of pups, many of which undoubtedly behmg to families 
further away. 

In nniking the count of harems a good nuiny cows and a great many 
]t\\\ts were not counted, as they did iu>t seem to belong to any i)articu- 
lar family. These cows had been served, and were conseijuently allowed 
lo waiuler from their lords. The pups, apparently, do not long lemain 
in the families where they belong, but soon begin to wander alKuit and 
to collect for apart of the day .it least into large bunches or pods. 

From the tirst count it would appear that at least 121 out of a possi- 
ble minimum of LMl cows wer*; out feeding at this time. This is over 
.">(> per cent. By the se(;ond count it apjiears that out of a necessary 
minimum of G0() cows at least 4(H) or 00§ per cent, were out feeding.. 
These per cents are base<l, however, upon the sui)position that all the 
pups have been born. As some of the cows have <iuite certainly not. 
yet had their i)U]is, the percentage of cows out feeding is even greater 
tlian here indicated. 

Lukann<Mi Kookery occupies chiefly a hmg mirrow rocky strip lying 
lictween the water and an approximately vertical blulf. At certain 
places this bluft' is irregidar and broken so that seals can climb to its 
top and spread out u])on the relatively level land ba<'k of it. The fol- 
lowing sketches rei)resent roughly four cross sections ol this rookery: 



none 



ujater 



ifiickhj covered 





1. rriiss si'ctiDii mar rifjlit cml of T.ii1<annnn Rookery, July 19, 1892. 

From (\ to h the seals were api^arently as tMck as they ever were; 
li om h to f there were a few seals, yet the ground showed that it had 
III! been u.sed at one time; from cto d there were no seals, but the rocks 
nil this strip were worn quite smooth and there was no vegetation 
except a thin coating of the algoid growth so common ou abandoned 
jiortious of rookeries. 



tvn ter 



thickly eoverett 





2. Ci-oas Ri'ction of T.ii1<.innon RooTiory at loft of No. 1, July 1". ISM. 



Seals occupied the entire space from a to h. The space from cto <?, 
;i\eiagiiig i)erhaps KM) or Vl't leet in width, has been used by seals in 
iccent years as shown by th«' smooth w(»rn rocks and tliecharact«u'and 
SI arcity of vegetation, but only a few bachelor seals were to be found 
I here now. 




8. CroM MvUiin of T.ii1<ainion Kookrry u( left of ffo. 2, July 19, 1S92. 



200 



OFFICIAL RKl'OUTS. 



Seals w«'re thick Ix'twoni o and /*; bctwiu'ii h and r tlu'vo worr oidy 
a f«'\v scattered seals, while back of*' tln'iT wi'iH' no steals, thon^^h tlic 
ground showed that it had been eovcre«l recently, perhajts within the 
past three <»r (bur years. 



/ntr/t/ welt covered- 
urn^ trt- * . ^ 




4. CniKN Ni'clidii III li't't I'liil III l.iikiiiiniiii llouki'ry. iliilv P.). IXD'J. 

This is a sandy bea<;h here, used only as a haulin};^ ^n'ound by tlio 
bachelor seals. The space from n to // was pretty m'^II coven'd, bat 
back of /> toward (' there were no seals, thoufjh the j'round was worn. 




Ti. Vlaii III' l.iikaiiiiiiii UiKiki>rv. St. rmil I.iImikI. 



The first (dotted) strii> along the water front Avas occui)ied by seals 
July 11>, 1801*; tlu' second strip had no seals upon it except a f«'\v neai 
the right end (facing the water); all this space was at one time used 
as shown by the sniotith-woin rocks scatt«'red over the entire area, and 
the absen<*»! ol vegetation over the lower part and th«' <'oating o\' altjtn 
towards the upper poition. 

Still ba<'k of this is a strip of varying width where the rocks arc 
eviib'utly seal worn and the grouiul covered niore or less coni])letcly 
by grass, ditt'ering, howev«'r, greatly in appearance fioni the grass 
found further bai'k where the rocks are not seal worn at all. 

At this time I am eontidcnt that not more than two-tifthsof the s]y,\vi' 
which has been used on this nxdvcry is now in use. Making full allow 
ance lor the ti'udent'y of the ])upsaml bachelors to wander more or less 
and thus occupy ditVerent s]K)ts at dittcjent tinu'S, I think it would he 
far within the limit to say that the area now occu;'.i«'<l by the seals on 
this rookery is not more than thr«'e-fifths of what it has been in recent 
yeai's. 

The space now occni)ied is entirely free of vegetation; the ground i> 
smooth and hard, and the rocks are all worn snutoth. The area, wliidi 
was apparently us«'d last year, or the year bclbre, but whicli is not used 
now, shows the smooth rocks and hard ground, but instead of beini; 
bare of V4'g«'tation is more ov less completely covered with a thin coat 
ing or matting of algoid gr«)W th. The strij) still further back, whirli 
evidently was at on<> time usetl, is now covered more or less with grass. 
but it is shorter than is the grass where seals have never hauled, and 
has a dead or burnt api»earance. 

At this h'ft end of this rotdtery is a saiuly beach where bachelor seals 
haul, but at the time of my lirst visit there were only a few seals there. 



}T0 only 
iijih tlu' 
thill tlu- 



il by tlir 
red, but 
as w(»rii. 




1 by s(>alH 

li'W near 

lino used 

ai'oa,an(l 

i>- oi' ahjdi 

rocks air 
)iiil>U't('l,\ 
tlic grass 

the s])a('t" 
all allow 
nv. or loss 
would 1)0 
(' seals on 
ill roooiit 

{viouiid is 

t'a, wliicli 

not usoil 

of boil III 

thin ooat 

•k, whioli 

ith s'l'^'^- 
uled, ainl 

elor souls 
'als tlioio. 



«. W. EVr.RMANN: NOTKS ON 1500K1.RIKS, nniJILOF ISLANDS. 2fi7 

LiikiiniioH rookiTji, •hitii ?/i, n. m. 

Visitod this rooki'iy ajrain this inorniiif;. <'oni|)ai'od with its condi- 
tion yosttM'day, vory littlo <-liang(' was uotiood. Tho t'aiiiilios wore 
soiiiowliat loss distinct and tlu' bachelors at tlio lortond had shifted their 
position somewhat. 

I.iikiiiinon rookvrji, JhJij .21, /». m. 

Visited this rookery a;rain this aftornoon. Tho f.uiiilios are very 
mm'h more broken up than they were two days aj^'o. The majority of 
cows liav«^ yone out to sea to feed and the pups lisive colIe«"ted more 
into jiods or alony tln^ wati'r's edpo, where they speml much time phiy- 
iiij;;; in the water and learning U) swim. 

Liikiniiiim rooktrii, Jiihi J.I, a.m. 

Spent the entire forenoon watching the seals at this rookery. 

<'oniparo«l with the <'onditioii.^ observed on .Inly 21 a good many 
l)a<lielors had jiretty well tilled up the space at the north I'lid of the 
rookery and had oxteinle«l further north along tlu^ shore. All this space 
is oovorod with large well worn rocks lying from 1-12 to <i foot apart. 
There is no grass on this, but southward and westward is a large area, 
averaging i)erhai)s2(M> fe<'t wide, wliich is covered with seal-worn rocks 
in the same- way, but has be«'n unused torso long a time that it is now 
well grown over with grass. Near tho north end of the brot'ding ground 
seals appeared unwh more numerous than on the 21st inst., due, no 
doubt, to the return of many <'ows that had been <Mit at sea feeding. 

The families are mu<-li more broken up today than on tlu' lOtli inst., 
a groat many i)iii»s being seen with no c«>w8 near them. 1 counted five 
dead imjis on this rookery. 

(N»ws are coming and going all the time, the water near shoio being 
well filled with seals, and tin' imiiu'diato water front being thii'kly cov- 
oroil with cows ami jnips, liie latter venturing into shallow wat4'r a few 
foot, then returning to tho rocks. Most of the bulls were lying (piiotly 
about, many apjiarently sleeping. 

From A to '^ of the luijis wore crawling about, playing or trying the 
water; others wore lying (piiotly anuiiid in ]>o<ls of various sizes, while 
some won' scattered about and more or less isolated. 

A good many trows were lying sonu' distance away from any families 
or wore moving about the water frontwithout being interfered with in 
any way by the bulls. 

At one ])lace I watched for some time 20 or 30 pups playing in the 
edge of the water. Nime ventured out more than four foot, while most 
of them seldom went beyond the very small po(ds among tlie rocks. 1 
saw one piij) swimming about I foot iVom the shore, when, what I to()k 
to bo a cow, but what might have boon a baoholor, jniiipod from a rock 
into the water immediately in front of tho puj) and drove it ba<'k to the 
ro«'ks, following it up until it had crawled n|)on a rock. Whether this 
was iiH'roIy accidental or was done intentionally by the cow (or bach- 
elor) to jnevent the pup from going too far <mt in the water 1 can not, 
of course, say. 

A little later, at the same jdace, I saw what 1 took to be a cow pick 
up a imp, swim with it in her mouth out about feet, then h»t it go. 
The imp struck out at <uico for the rocks, swiinming *'. irly well. Then 
tho «'ow came (m the rocks and fondled tlu' pup. It seems <'ertain to 
me that this was her pup, and that she was teaching it to swim. 



l\ 



2G8 



OFFirlAL RKPOKTS. 



I notice to-day tliat the imps are abl«' to < t.mvI abidit upon (piitc liiyh 
r4M'k"> almost as well as the old seals. 

Di liuii my visits to the vaiicnis rookeries on St. Paul Island. Iti-lweeii 
tliily IH an<l.luly 2."), I saw hnt onepu|> born and that was on Liikannon 
rookery, .July L'.'t. SeVei-al others were seen in ditleient phwes which 
had been born but a short tin)e belbii' (in some instances apparently 
but a few minutes). It is quite certain pups wen' beinj,' born now and 
then, but the opportunities for ;^ettin^' close enon^^h lor carclul oltser 
vatiou were not ^ood except in lookeries .situated like Lukannon. 

Kclarie niokerii, St. I'uul Inluud, Jiilji in, 7a'>.', p. m. 

This rookery is to the ri^ht of Lukannon rookery and scarcely dis 
tinct from it. It is of the sanu' •feneral cliaracter as liukannon, but the 
ascent from the water's e<lge to the jri'sissy |dain is more uradual. The 
cows were more nuni4>rous, pi-<»portiunately, than in Lukannon and 
there were very few bacdielors. 

The ssmu', geneial appearance was pr«'sented here as on liUkannon — 
51 strip immediately alonjjf the shore well <•' vcred, a second strip with 
rocks worn smooth; hard, snxtoth jrround with no vegetation except 
the al^oidcoatin}>:, then a strip with smooth rocks, Imrd smooth grountl, 
more or less with short, pale or bleached j^nass. 

Ketaric rookery, July ..'", <(. w. 

Visited this r«>okery afjiuii this morniu}; lor a short tinu*. 

To the riji'ht of this nxdiery is quite a distance of shore line, say 
],0(K) IV'ct rt, to//, which has been used as rookery and liaulin}^' jjround 
by the ^•eals, but upon which no seals are seeu now, thus: 




1. Thick breeding: ground. 

2. Hunch of bjvhelors. 

To the h'ft of v the bulls, cows and i)ui>s were quite thick in most 
places alou}^ the water fr<»nt in a strip averaging' lu-rhaps M) feet wide. 
Lyinj; back of this is a broader strip, as much as ISO feet witle in some 
places, which has been used, but on which tlu're are now no seals. 

I think it a reasonabh' estimate to say that if all the bare area in 
this rookery were occupied as closely all ovei- as it is in spots fully 
eij«ht tinu's as many seals could llnd room; and the {jrass-jirown i)or 
tion, being free of rocks, w<mld furnish room for a great nnuiy more, so 
that it is ]>retty certain that there is room upon the Ketavie rookery 
for fifteen times as many seals as are there now. 

The Ketavie rookery evidently contains a greater per<'entage of cows, 
as ('(Hupared with the number of pups, than does the Lukannon rookery. 



II. \V. KVKKMANN: NOTES ON KOOKKIUI'S, IMillULOF ISLANDS. 2(»9 

Staiidiii;; iit a ]>oint iioar tlic iniildic ot'tiiis rookt'iy iiiiil coutitiii^ all 
the seals in plain si;;lit. I countctl tifteen bulls, KHx-uws, and .'>2o pups. 
Six dead pnps were st't'ii ln'io. 

Ii'irf Hixiktrii. •luhj .70, ft. m. 

Pnps do not .soon to In- as nnnicnms \\vvv as tiu'y aro on Lukannoii. 
TIk'H'! aro more very h\v>xv bnlls and tlu'ir are <;oo«l-si/,ed j;roiips of 
haclielors here and there. 

This rookery oi'jtnpies l>oth .sides of a lonj; rocky point or peninsula. 
Tiie middle ri«lge is smooth, sandy, and sparsely covered with jjrass. 
I'pon this ridjje were jH'rhaps I'OO hacliel«)r .seals. .Many <|uite larj-e 
iMdIs were .seen anion*^ the liaeheh)rs and there is no doubt in my mind 
but that the number of available bulls is considerably iu excess of the 
number neces.ssry to serve the <'Ows. 

The same indications of decrease iu size were observed here as iu the 
case of the other rookeries. The nai row strip imme«liately alonj; the 
water-front was in most places thickly covered, though in .sonu^ phu'es 
the .seals were less closely pla«*ed; there beiu};' siu'h j^reat variation iu 
this respect as to make it quite ditlicult if not im)K>.ssiblc to estimate 
with any dejjree of accura<'y how many scpiare feet sh»»uld be allowed 
for each seal on the rookery. Uaek of this occupied strip was a strip 
where would be found au oc<'asional family and occasionally a suudi 
liuuch of bachelors, though the jjreater part was unoc<-upied. Over 
tiiis area the nx-ks were all worn smooth and the {jrouud was ])acked 
liard and devoid of ve}>'etation of any kind. Still back of this the rocks 
were still seal worn, but the {ground was covered either with the thin 
Ml<;oid mattiujij or with a s|>arse j-rowth of .short bleached gra.sa. 

Two dea<l seals, apparently young bulls, were s«'«'n atone place «ui 
this rookery. 

It is very hard to estimate just how much this important I'ookery has 
ilccreased iu size during the last few years, but it is certain there has 
Ikm'U a very cons lerable <U'(!rease. This fact will be apparent to any oue 
t'xamiuing the nxdicry. 

li'irf Kookifji, Jiilji ^,?, p. III. 

This afternoon I paid another visit to the Itcof Rookery. 

The families or lu»r<'ms were less \v<'ll-delined than on the former 
visit; the cows were a|>parently less nunu'i'ous; many of them were 
moving about the water's edge, and numy were absent at sea. The 
pups were gathered iut()pods or moving about in a lestless .sort ()f way. 
Tlic bunchesof ba<'hclors had shifted position somewhat, and there were 
more upon the high ridge than before. 

Tolsloi li'oolyirji. •Iiibj ?/, a. m. 

Most of the forenoon of .Inly 21 was s])cnt at thi.s rookery, the stage 
of which appeared to be about the same as that of the Ii»'ef Kookery, 
iiid hardly as far atlvanced as was Lukanuiui on .Fuly 1!>. There were 
I good uuuiy cows whose pnps had apparently not yet been born, though 
It is true that many of the familie.s were broken upan»l the pnps were 
wandering about neav at hand or gathered iu pods iu several ])la4;es. 
I'll*' space covered oy seals here Jiow is very mu<-h less than that for- 
merly occupied and uun-li less than shown as occupied iu Mr. Elliott's 
;iUiu on page 53 of bis monograph. 



,11 



270 



OFFICIAL KKl'OUTH. 



Northtail I'liint llookeii/, Jiihi .'i. 

Scvorftl hours in the iiii(hlh' of tin' <hiy wen' spent «'xnniiiiin{j tliis 
rook fry. 

Thi' spiUM' now ocrnpifd at the southern part is hut a small portion 
of what has Immmi covrrcd in recent years. Near Seu Lion I'oint I saw 
tbnr dead sea lion pups and *.* Iiir seal pups, hut did not diseovei- the 
cause of their death. Tin^ shore IVoni Sea Lion L'oint northward to 
when' it hends to the west, a distance of about 1.000 I'eet, is nuu-li less 
thiekly covered than t'ornierly, and ha<>k of the occupied strip is a eon- 
siderahle strip ahowiu}; unndstakahle evid«'n<'eof havin;;beeu occni»,ed 
in receid years, hut now wholly without seals, ilust west of the n()rth 
east point is a eonsideralde atretih where there are im> seals even alonj; 
the wat«'r'sedj'e, but Mr. Elliott's sketi-h shows seals to be very numerous 
at this place. .Inst west of this is a bunch td' alxmt 10 •j^oodsi/ed bulls 
that had no cows about them at all. These were not ohl superannuated 
bulls, but youn^ vij^'orous ones, and undoubtedly well able to maintain 
harems were there a greater number of cows. This and niniienuis 
other similar sights convince me that there aie even now a good many 
more bulls than are necessary to serve the cows. 

Still to the left of this, on the sandy shore, is a very large, bunch «»f 
bachelor seals, beyond which isalargew«'ll tilled breeding ground. The 
shore, here nnikes out in a blunt p(»int beyond which is a large breeding 
grouiul about ( mile long and soon widening out to about 20() feet in 
extreme width; this is very thickly <;overed with breeding seals. Hack 
of this is another strip which I estimate to be fully \ nnle hmg and 
1,(MM) teet wide, upon which thei'e were only about l.")0 i)achelor seals, 
though the whole space is bare, the rocks are. seal worn, and this area 
has evidently been in n'cent use. thick of this and westward is a rocky 
Lull, worn smooth, on which there are no seals now. To the lett of this 
rocky beui^h is anothor very large breeding ground which is now about 
I tilled. I Jack from t!. s is a rocky bench of considerable ext^'ut, whicli 
was in use recently, but which has no seals on it now. IOxten«ling along 
to the lett (southwest) are a few scattered fandlies; then comes an im 
mense breeding giouud containing more seals than any other on the 
island. Back from this are a few groups <»f bachchus, om> of which 
was very large. On beyond these the seals continued in a narrow 
strip for several rods along tlu^ shore. 

The Northeast Point rookery shows the same evidence of decrease 
iu seal life that is so marked a feature of all the other rookerie.>< 
examined. 

Mr. Klliott, in his census report, estimated the number of seals on 
the rookery in 1S74 at 1,2(>0,000. While tlu' number is still great, 1 do 
not at all think it can even a'lproxinnite that figure. 



lAtlh roluviiKt ItitDkinj, Jnhj .'..', }i. m. 

The shore here resend)les that at Noitlieast Point, some rocky reaches 
ami some samly bea<-h. At the north end I netted a few scattering 
families along tlie shore and a bunch of about TiOO bacheh>rs back from 
the shore some littlci distance, on an area of c(uupact, n'ddish sand. 
South of these is a large space once used as a hauling grouiul (betwei'n 
which and the water is a large bunch of breeding seals), but upon 
which there are no seals. 



H. W. EVEKMANN: notes ox KOOKEKIES, I'KIIULUF ISLANDS. 271 



i i| 



I'olarhia Umikrrij, •hilii 2.', p. m. 

This lies about a inih' south iVoiii Little Polavina, but between the 
two arc a few scattered families 4'lose aloii;r the water's «Mlj;e. 

Tills rookery has a loiij; strip near tin* shoic that pr^'seiits the most 
compact ap|K'ara>iee of any fironnd 1 havt- seen. The ;rround rises 
iicntly from the water's e(lj;e, is not very roi-ky. anil continues over a 
very ^'entle bench to a very broad, «'omparatively Iev«'l, tract further 
Itack tliat hits in former years been used as breeding or hauling' ;;round, 
iir both. 

I saw more dea<l pups here than I have seen on all other rot»keries 
condiined. The " lay of tlu^ land " here is such as to make it very easy 
for the pui)s to wantler al»out a jjreat deal — tlu're is no abrupt wall or 
blufl'tohem tlnMu in — as a consequence nniny of tlie-u stray otf even 
far into the {jrassy mesa back of the rookery. Some <»f these be<*ome 
lost from their mothers and, of cour^e, starve sooner or later. 

I nuule an examination of this rookery as furnishing the best illus- 
tration of dead pnps seen by me in ISOL*. I bej^an at a point towards 
the eastein side of the rookery, beyond which no dead pups were to Ik^ 
seen, and retraced my st<*ps for a distance of about o:ie hundred and 
fifty feet, or t<» a pctint beyond which no dead pups were visible, and 
i»y a«'tual count the number was lli5. I beli«'ve that this represents at 
least one-half of all the dead pu^is on this rookery. 



•s an nil 



■''•'■■ '':.'.^y/'--\'\--':'^:i:/../. 





All the plain space enclosed by the line ab is wtun smooth, but had 
iiu seals upou it at the time uf my visit. 



SAINT <}K<>I{(SE island. 



Xorlli Itoiikirii, Jubj 27, a. m. 



This rookery lies Just west of the village and extends about \ of a 
mile along the shore. TIh^ beach is in most pla<'es along here quite 
narrow and rocky, being limiteil laiulward by a rathei* high rocky blutl". 






272 



OFFKMAI. RF.POUTS. 






Thv oihI noar th« villiijjft' liad Imt funv seals upon it, hut fmtlicr dnwii 
was a lar^'c j^ntiip of hacliclor seals anil Just liphiw tliesc was a l;irye 
briM'iliii}; jfioiiiul (|iiit(' tliii'Uly <'<»v('i»'(l. At this phicc t\ni hliiH" is jt-ss 
ahnipt aiitl tlio seals wt're ahh^ to <)<'(Mi|»y i'oiisi(h'ral)h^ space mi the 
niesii above the elilV. Not over \ of the area, however, wiiieh has Iteeii 
oeenpied is occupied now. 

The families w»'re nearly all lirokeii up, aM«l tlio pups are far more 
iiunn'rous than the (!ows iuul are Ki>t''^'''i'<' '"•<' larj^e po<ls here aixl 
there. 

The seals are thickest up' a the west «'ih1 of this rookery. Just be- 
yond the «>xtreme end of t,ie bn'ediii^' ground was a larye bunch ol 
liaehelors, but they covered only a small portion uf tluit huulin;^ 
ground. 

East lioohrrji, July ?7, p. m. 

This rookery oci'upie.s a narrow strip of nu-ky shore at the foot of a 
lii;jli rocky blulf, this stiip beinj; narrowest at the east end and widest 
on the low rocky Hat between the po(d and the shore at the west end. 

A }^ood nuiny sea lions were scalteicd alou;; this narrow strip. At 
the foot of this bluft" towards the west end and near where the sea lions 
are thickest is «pnte a larj^c area that has Ix-en used quite n-cently, imt 
has no seals u|>(mi it now. Westward from this th<5 space alonji tlic 
sIku'c that was fornu'rly used is not now more tiian ,\, tilled u|). 

The pui»s on this rookery w«'re very nuicli more numerous than the 
cows; quite evidently the families are nearly all bntken up and tiic 
rookery has passed the zenith of the season. A {jreat many cows or 
ba<Oielors were seen playinjj about in the water and many are evidently 
out at their feedinj;' j,'rounds. 

Very few of the bulls were on the qui r/rr, asthey were se<'n to be a 
•week earlier on St. Paul, but most of them were lyinjj down appareidly 
sleei)ing. 

Starrij Artevl Ho eri/, <hil;i 2.V, p. m. 

This r.wkery ia a very comi)act one, situated chietly u])on the east 
slope of a high hill, the north end of which is cut sipiareolf by the sea. 
This hillsi<le is comparatively free of loose rocks, and is }j;rassy except 
Avhere it is or has been covered by seals. Alonj; the upper edjje of tlie 
rookery the bulls are smaller, and theie are fewer pups in pr«»p<utioii 
to the luunber of cows, and the families seem better delined than lowei 
(h>wn where seals are more numerous. 

Down towards the pool, at the east end of the rookery, was a small 
bunch of bachelors, ami on the hillsid(> to the let't ofthe.se wcmc twoor 
three buncrlies of bachelors; but the nniidx'r of seals up<ui this rookery 
at this time was certainly much fewer than what it has been within the 
past few years. 

Zapathiii roolrrii, July 3!). 

I spent the time from a. m. to about 1:30 p. m. at this rookerv. 
which somewhat resenddes Stariy Arteel, in that it is situated in {jreai 
part upon a hillside; uidike Stairy Arteel, li(>wever, it extends well up tin 
Inllside toward the top at the end toward the clitf and extends fartlui' 
along; the shore than does Starry Arteel. (-ompaiing* the ])resent con- 
dition of this rookery with that shown in Mr. Elliott's report, it api)ear^^ 
that the rookery has shifted more toward the hillside, us the seals do 



U. W. KVKKMANN: NOTKS ON ROOKKKIES, PKIPir.OF ISLANDS. 273 



iiof s«M'iii to t'xt«'iul so Inr toward the shallow creek. {See Klliott, |>. 'tS.) 
Oil tlii> whole, I iiiiii};iiie that this rookery has not deereased niiieii, 

it' any, in si/.e rerently, hut it has apparently shiftetl somewhat. Hulls, 

cows, anil pujis cover the steep hillside and alont; the shon', except. 

jierhaps, iMM) t'eet at the north end, where there is a laij^e bunch of 

itiichelors; at the crest of the hill was a hand of some loO hachelors. 
The families here also have hc};un to lose their inte^^rit), the Itiills 

no lon;«('r watched their harems carefully, and the cows and pups 

waudur about at will. 

Little Ka»t rook fry, July S9, p. m. 

The west end of this rookery oiuMipies a narrow strip at the base of 
;i basalt clitf' about M feet hi^h. On this part I saw but one old bull, 
init counted at least M (rows and (JO pups, about 4r> of tin* latter were 
l,\ ill}! upon the Hat surfai-e of a very larpe d«*tached mass of basalt 
iibout 10 feet hij^h. To the riffht of this place the 'trip widens out to 
;ib(»ut 100 feet and the bintf becomes a jjentle but I'cky sl()pe. This 
strip is r»00 to <»0() f«'«'t \ouii and the part o»-cupied by .> i-als will avera^r*^ 
less than 50 feet wide. This is pretty thickly covin ed with ••ows and 
pups, except a narrow strip nearly 20 feet wid«' iinniii,'4' alonj; tlintuiih 
tlie middle, ujmui which there were but few sea. « and tliese 'nostly pups. 
Hulls were rather scarce here, as shown bv the fact that from the bluff 



th 



id I 



lid 



ih 



'ount but lil. I do not tliii 
L'."» or 30 upon this rookery. At this ro«)kery I have seen for the lirst 
1 13 the bulls enter the water. The i. umber of c(^ws in sij^ht fr<nn the 
same point was about 400, while the number of pups was very much 
greater, probably as many as 1,0(K). 

I visited this rookery apiiu ou the afternoon of July 30, and made 
liirther observations. 

The lar{>e basalt rock upon which I <'ounted 45 pujjs yesterday has 
7() pui)s and one cow ujmn it to-day. This is the |>ositioti which yester- 
iliiy sliowed but one bull, 30 (;ow8, and 00 ])ups. This wouhl show that 
ilie pups are wandering about a pMul <leal, and that there were seen 
\nin'i a jfood many ])ups and probably several cows that did not belong 
tu the one bull found here. 

B. W. ICVEKMANN. 



Ml 



W ^ 



I certify that the document hereto annexed, Avhich was transmitted 
ti» the Secretary of State on September H<S, ISOli, is a true coiiy of cer- 
tain notes on the fur-seal rookeries of the I !-ibih>f Islands on tile in 
liiis bureau. J'rofessor B. W. Evermann, who prepared the same, is 
an exi)ert naturalist in the employ of the United States Fi>h Commis- 
sion, and he accompanied the Fish Commission steamer Albatross in 
Uiat capacity during her cruises in the y«>ar 1.S02. 

]Mai{siiali, McDonald, 
U. 8. Com miss ioHvr o/ I'isk and Fisheries, 
Washington, D. C, December lOthj 18i};i, 
J23G4 18 



r 



EXTRACTS FROM VARIOUS ITRLICATIONS. 



EXTRACT FROM THE REPORT OF CAPT. CHARLES BRYANT TO 
THE SECRETARY OF THE TREASURY.' 

Faikuaven, I\f ass., Nornnbcr 30, 18(19. 

Sir: ITavins; lotnrned from Aliiskn, where I was «)r<l('re<l as sjM'cial 
:ijc;ent of the Treasury l)ei)artiiieiir in Seitteiiiber, l.S(JS, to exainine into 
the resources of the territory and the eharaeter and habits of its vari- 
ous tribes, I have the honor to submit the IbUowinji: report: 

On aecount of tlie };reat diversity in the i)hysi(!al features of the 
territory, the widely varying;- nature of the produets of the diflerent 
seetions, and tlie very marked dilferenee in the eliaracter and iiabits of 
tiie various tribes, I have deemed it neeessary to deserilje ea(;h ]M»rtiou 
of the eountry in detail in order that a i»ro])er idea of the whole terri- 
tory may be piined; and, as my attention was more particularly ealh'«l 
to the interests of tlie fur-seal trade in Uelirinj;' Sea, I will beyin with 
the islands of St. Paul and St. George. [Here follows a geographical 
description of the same.] 

THE FUR-SEAL. 



The seals resort to the Pribilov Islands, during the summer numtlis, 
aitparently for the sole purpose of reproducing their spicics. To tiiis 
ind each age or class contributi-s its share of labor or rare, icmaining 
(tn shore or in the water, as may be necessary. Fn order to fully under- 
stand the duties of the various classes, a description of the animal seems 
!(» be necessary at this point. 

The male seal attains its full growth at the age of si.v year.s, when it 
measures from seven to eight feet in length and from six to seven in 
( ircumference. Its color is a dark brown with a gray over-hair on the 
neck and shoulders, and its weight is from si.v to twelve hundred [Htunds. 
Tiiese alone oecujiy tiie rookeries with the I'emales. 

A full gro.iii fenmle measures from four to live feet in length and 
ihree feet iu circu\nference and weighs from one to three hundred 
l"iunds. It dillers in shape somewhat from the male in having a 
Nliorter neck and greater fullness of body in the posterior jiarts. Its 
Kilor when it fiist leaves the water is a dark "steel-mixed" on the back 
;iiid lighter ibout the breast and sides. After being on shore a few 
liays its coh»r gradually (changes to a dark brown (Ui tlie back and as- 
>iiiiies an orange hue on tln^ Ineast and throat, ami is. rlieiefore, easily 
'listinguished from the male. The female attains its full size and 
I'liiigs forth young about the third or fourth year. The yearling seals 
\\eigh from forty to sixty ])ounds, and are of a dark-brown color, with 
ii hghter shade about the throat. The intermediate ages from one t^o 



'acaalo Ex. Do(.s. Nou. 1 to o'J, ltkiii-'70. 



iia 



27G 



EXTRACTS FROM VARIOUS I'UIW.KATIONS. 



! 

I 






six arc readily distiiifjnisliod by tlu'ir (lift'erciice in size and form. Tlir 
reproductive oi<i;aiis of the nial»i are developed in the lourtli year of ift< 
nar. hut it lias not yet acipiired suflicient streiijilh to maintain its 
plaee in the breedinji; rookeries, which ar«M)ccupied exclusively by tlic 
«»ld males and females with their pups. These r(»)keries are located on 
the belt of loose rock between the high-water mark and the base of the 
elill's, and vary in width from five to forty ntds. The stit'tches of sand 
beach between the rookeries are occupied by the young seals as tempo 
rary resting-places or by the sick an<l wounded as neutral ground, on 
Avhich they may remain undisturbed. The old males return ea<-h ycai 
to tlie same r<tck as long as tliey are able to nuiintuin their i)osition. 
It is vouched for by the natives that one seal came for seventeen suc- 
cessive seasons to the same point. 

The male seals under si\ years of age are not allowed on the breed- 
ing rookeiies and they are generally foun<l in the water swimming ah»ii,t; 
Iht; shore during the day and at night on the ujilands above the rook 
erics, where they rest scattered about like a Hock of sheep. Where a 
long, continuous shore line is oceui)ied by the rookeries n.'irrow pas 
sages are left at convenient intervals, through whu-h the young seals 
may pass unmolested to and from the uplainls. At times aline of seals 
may be seen lor hours i)assing in single tile through these open spaces. 
If at any time, from sudden fright, they attempt to cross the rookeries 
at any other point a general engagement ensues, resulting in the kill 
ing and w<mnding of large numbers, and if the females with theiri)ups 
are on the rookerii's many of the latter are crushed by being trampled 
npon. Constant care is necessary, therefore, on the part of the ollicer 
in charge or of the native chiefs to prevent any unusual demonstra 
ti(»n to alarm the rookeries. 

The special duty of the (»ld males, or wigs, as they are connnonly 
called, is to receive the females on their arrival and to watch over and 
]u<»tect tlieir young until large enough to be left to the care of thcii 
mothers and the younger nudes or bachehus, as the latter are termed. 

From the first to the middle of April, when the snow has melted from 
the shore and the drift ice from the north ceased running, a few old 
male seals make their api)earance in the water around the islands and. 
alter two or three days' reconnoissance, venture on shore and examine 
the rookeries, carefully smelling them. If everything is satisfactt)ry 
thus fill', after a day or two a few climb the slojtes and lie with their 
heads erect, listening. At this time, if tin' wind blows in the direeti<iii 
of the rocdvcries, all fires are extinguished and all nunecessary noises 
suppressed. Thesis scouts soon dei»art, and after a few days n'turii 
with large numbers of the male seals of all ages. The rookeries an 
taken possession of by f lie old males, who drive the youngerones into the 
water or to the uplands inside the rooiceiies. In locating for the sea 
son, the old males each reseive about on(^ sipiare rod of ground for tin- 
convenience of their future families and that they may have suflicient 
room in which to execute theirawkward movements in defending them 
selves against the attacks <»f their neighbors. Male seals continue to 
arrive daily for some time, the greater jiart of whom arc old wigs, wlm 
light their way to their old [daces or prepari^ to defend some newly 
selected ground against any former occupant that may claim it. They 
acknowledge no right save might, so that the quarrel is incessant diiy 
and night, and the continual growling sounds like the approach of n 
distant railroad train. 

About the middle of June the males have all arrived and the grouml 
is fully occui)ied by them, fSoon after this the females beijiii lo comi , 



KErORT OK CAPT, HRYANT, 18C9. 



277 



in smnll iimiihois at lirst. iiu'roasinpj as tlu' s«>jison jjrows later, until 
liie iniddli' «»t' .Inly, when tlie rookorios ar<' lull and nniny of Hit; reser- 
vations of tlio old males overcrowded with tlieir resju'etive faniiiies. 
When the. I'enndes lirst arrive many of tlieni ajjpear (h'sirous of relurn- 
injf to some i)articnlar male, and iVeciuently clind) the r<»cks oveilnok- 
iu};- the rookeiies and utter a jteenliar cry as if ('udeavoiiiiy" lo attract 
tlie attentioji of some acquaintance. ('han}»in}i' their place at intervals 
this (!ry is often repeated until some bachelor j>erceives her and she is 
driven to the rookeiies and (piickly a])|>ropriated. It seems to he the 
s(de duty of the baclielors at tliis season to <'ompeI the females t<t take 
their idaces in tlui rnokeries and often ajiiiinst tiu'ir will. W lien the 
female reaches tlie shore the nearest male meets and <'oaxes her witli a 
ju'culiar cluckiii}>' noise until he <>'ets between her and the water, when 
ids tone chan<;es and, with a {•rowl, he drives her to a ])lace in his 
family. 

This continues until the lower row bejjins to {jet full, when those 
hiylicr up from the shore, watchinj;' their op])ortunity when their nei;>li- 
bor is olf his jynaid, rob his family to augment their own. 'J'liis they 
do by takiiif*' tlie female in their mouths and carryinji' her to their own 
ground. Those still higher up pursue the same ])lan until all the space 
is occupied. Frequently a struggle ensues between two males for the 
same female, both seizing her at once and either ludling her asund<>r 
or terribly lacerating her. After the ground has been covered the old 
male devotes his time to kee|)ing order in his family and driving away 
intruders, Within two or thre" days after their arrival the females 
give birtli t() one pup each, wiiicdi is of a very dark brown cohu* and 
weighs from six to twelve pounds. The motiier manifests a strong 
attachment for her young and distinguishes its i-ry, which resembles 
tlu' Ideating of a land), among thousands. Soon after the birth of the 
pup the female receives the male on the rocks, but it is doubtful 
whether this connection is often i)erfect. She is subseciuently allowed 
to go into the water, where she is followed by the young males, by 
whom the connection is repeated. Ujum her return to the rocdvcries 
she is from this time allowed greater freedom and goes at will from one 
l»(»int to another. 

l>y the middle of August the females have all brought forth their 
young, and the old males, who have constantly occui>ied their i)laces 
for four months with<mt food, resign their <'harge to the bat-helors and 
,i;(t into the water for the a]ii)arent ]»uri)ose of feeding. The assert i(Mi 
that the seals live so h>ng without food seems so contrary to nature 
iliat i will state that 1 t<iok sjiecial pains to examine daily a large ex- 
lent of I'ookery and note it caretully. The r<M'ks nii the rookeries are 
worn smooth and washe<l by the surf, and any dis<'harge of excrement 
rould not fail to be seen. J found in a few instances a single discharge 
nf exerementitious matter on the arrival of the seals, but nothing sub- 
.-«Mpiently to indicate that any food is taken; nor do they leave the 
locks at any time except when compelled by the heat to seek the water 
to cool themselves. 

On their arrival in the spring they are very fat and round, but at the 
end of f(uir months are thin and of little more than half their former 
\ eight. I also examined the stonnichs of several hundred young seals, 
Imt was unable to find any traces of food in them. 

The udder of the female is situated about half-way between the fore 
and hind llipp«'rs, and is furnished with four teats. The milk is of a 
> ellowish Miiite color, insi])id to the taste, and is said to contain no 
t-iigar. The pups nurse but seldom, aud when separated from tbo 



278 



EXTRACTS FROM VARIOUS PUBIiTPATIONS. 



'■J 



^1 



motlior for thirty-six hours seem in no haste to seek nourishment on her 
return. 

About the middle of July the great body of the last yeai's jjups 
arrive and occu])y the slopes with theyouufjer class of males, Mhile tlic 
youuff females join the older ones on the breeding rookeries. The iV 
males go into the water to feed when the pups are some six weeks old. 
leaving tlu^m <m the uplands; nor do the young seek the water until 
they are several months old, and even then seldom trom ehoiee, but are 
forced to learn to swim by the old males. About the last of 0«;tober 
tlie seals begin to leave the island, the young and females going lirst, 
and the old males following them, liy the lirst of December all have 
departed. In November the young seals stop to rest for a few days on 
the Aleutian Islands, where sever.il hundred are annually killed by the 
natives. 

MANNER OF KILLING. 



!; -' !■ 



While the young seals are resting on the slopes above the rookeries, 
as I. have already described, a party of hunters, arnu'd with clubs of 
hard wood, approach them and creep cpiietly between the ro(>keries and 
the shore, and at a given signal start forward at once an<l drive the 
animals inland in a body. When at a sufllcient distance from the watei-, 
a. halt IS made, and as many of the undesiiable seals sele<'ted out and 
sent back as possible. Only those of the ages of two and three years 
are considered lU'ime skins. The remainder of the Hock is then driven to 
the slaughter ground, which is sometimes several miles distant. It is 
necessary to drive them inland some distance in order that the smell of 
blood may not alarm the rookeries, aiul it is also a matter of convenience 
to have the seal carry his own sk'n to a point near the salt houses; but 
the driving must be conducted with the greatest care, as when the ani- 
mal is overheated, the fur loosens and the skin is rendered worthless. 
On arriving at the killing ground, a few boys are stati«»ned to ])revciit 
them from straggling, and they are left to rest and cool, after which a 
small ]iiind)er are separated from the Hock, surrounded, and driven 
closely together, where they are confined by treading on each other's 
flippers. In this ])osition the desirable animals are quickly killed by a 
light blow on the nose from the hunter's club, and all others are allowed 
to enter the water at the nearest point, whence they return to the spot 
from Avhich they were driven ; this is repeated until the whole Hock has 
been disposed of. In the skinning, every man is expected to contribute 
his share of labor, as all receive a portion of the proceeds of the sale 
of the skins. As the seals are not cimsidered as being wholly at rest 
for the season until the females arrive, great care is required in selecting 
the i)roper place from which to drive, early in the season, and this is 
exer;!ised by the chief, or one of his subordinate officers, who has the 
whole direction of this part of the business. 

In the month of May, only such small numbers as are required for 
eating are driven; in June they become more numerous, and are then 
driven for their skins, although the percentage of prime skins in any 
flock is very small. About the middle of July the females go from tin 
rookeries into the water, and there is a season of general unrest anions 
all classes of seals, during which, for a period of about ten or fifteen 
days none are killed. 

About this time the yearling seals arrive, and these, together with it 
])()rtion of the females, mix with the young males, greatly increasinj: 
the difficulty in distinguishing the proper animal for killing, and it is 
uecessai"y for the chief, or his deputy in charge, to designate each seal 



REPORT OF CAPT. IIRYANT, 1809. 



279 



'd by ii 
llowcd 
je spot 

ock has 
tribute 
ho sale 
at vest 

electiiiji' 
this is 
has the 



to l»o shmjfht(M<'(] ; (tiily the stnuij;' interest Avliich the natives fool 
ill their ineservatioii win insure the i)r(»i)er care in tlie selection. Sej)- 
t ember jiiid Oetober are considered tlie best niontiis tor capturing the 
seal. In addition to the skin, eaeli seal yields about one and one-half 
ualloiis of oil. and the lining nieuibrane of the throat and ])ortions <»f 
tlie intestines, which latter are iiidis])ensable to the Ah'Utians at all 
points, being used in ihv. niaiiutiwture of water-proof clothing, without 
which they couhl not venture at sea in their skin boats. 

It will be seen from the foregoing description of tlic habits of the 
s«'al that their i)reservation and increase are very simple matters, the 
only rerpiirements being that the animals shall not Im; unnecessarily 
disturbed at any time, and that for killing, the males only shall be 
sele<;ted: and I will add that the increase is more rapid when a portion 
of the males are killed each year, since by the constant lighting of this 



sex when m excess 



^troyed. 



of the young are trampled upon and dc- 

3IANNER OP CURING THE SKINS. 



The skins, on iM'iiig taken to the salt houses are i)acked in square 
liiiis or Jccnchcs, with the llesh side up, on which Ji <]uantity of salt is 
scattered Mere they are allowed to remain «»ne or two months, when 
tliey are remov<;d and folded with a (piantity of (tlean salt, and tirmly 
rolled and tied for shipment, only recpiiring a small additional quantity 
(if salt on being removed from the islands. 

NUMIJKR OF SEALS. 

There are on St. Paul Island at least twelve miles of shore line, 
iiccnjiied by the breeding rook«'ries, not less than filteen rods wide, 
with an average of twenty seals to the square rod. This gives the 
whole number of breeding males and females at l,ir)2,()()0; deducting 
troni this number one-tenth for males, and we have remaining l,o;?(»,.SOO 
lireeding females, which number may, with care in killing, be largely 
imreased from year to year, until the islands shall ultimately be fully 
ii(;('upie<l by them. 

The number of breeding animals on St.Oeorge is estimated at nearly 
niie half as many as occu]>y St. Paul. In addition tothoseon br<»eding 
iDokeries, we have the large number of young seals, scattered about at 
\ arious points, and vswelling the total number of animals on the two 
i-lands to not less thn;i three or four millions. 

vill remark here that the ])eculiar humid atmosidiere and unvary- 
ing summer tem])eratnre, indui'cd by the meeting of the warm ocean 
I iiirents from tlie south and the cohler ones from the north, seem to 
M'lider these islands the favorite resort of the seals in preference to 
iliose of the Aleutian group. 

It is the oi)ini()n of native chiefs and of the late oflicers of the Ens- 
>iim American Comi)any who have been stationed on the seal islands 
that 100,000 skins may at the i)resent time be taken from both islands 
without diminishing the annual production. 

I have the honor to be, very respect fullv. vour obedient servant, 

CHAKLKS BKYANT, 
Special Atjeut, Treasury Department. 

lion, Ceo. S. P>outwei.l, 

Seerctary of the Treasury, Washington, D. O. 



280 



EXTRACTS FROM VAKIOUS PIJIUJCATIONS. 



Hi«r >" 






EXTRACT FROM TESTIMONY OF CHARLES BRYANT, TREASURY 
AGENT, BEFORE A CONGRESSIONAL COMMITTEE, MARCH 20, 
1876.' 

Q. Do yon observe whctlier tlieie lins boon any flimiimtioii or increase 
of tlie number of se.ils on these ishnuls (hiring- tbe time this con>i)aiiy 
had eharjie? — A. '^I'here has been a steady increat*e in the nnnd)er ot 
fennde seals breedinji' on the islands, eqnivsdent to tive ])er cent, as near 
as ran be det<'nnined, annually. The principle u]ton which they are 
killed is to take only such suri)lu8 males, they bein^j judygamous in 
their habits, as are not required for breedinji' ])urposes. 

(}. Your opinion, then, is that the number of J(IO,(M)0 [seals] on the twd 
islands, autliorized by hnv, can be regularly taken without dinnnishinj; 
the crop or number of seals coming to the island? — A. I don't feel (piiic 
sure of that, as will be seen in my detailed rc])()rt to the Secretary ot 
tiie Tieasury, included in the evidene*' which lias been laid bef<n'e tiic 
conunittce. There were indications of diminution in the number ot 
male seals. 

I gave that and another reason, which I ex]dained at large in that 
re])ort. In Ihc season of 18(J8, before the prohibitory law was i)assed 
and entbrced, nnmer«nis parties sealed on the islands at will, and to(»k 
about 240.000 or lir)0,000 seals. They killed mostly all the product ot 
l.S(;(5-'(57. 

In making our calculation for breeding seals M-e did not take that 
loss into consideration, so that in lST2-'78, when the crop of IStKi-'OT 
would have matured, we wer«^ a little short. These seals had been 
killed. For that reason, to render the matter doubly sure, I recom- 
mended in my report to the Secretary a diminution of 15,000 seals for 
the two years ensuinj?. 

1 do not, however, wish to be understood as saying that the seals arc 
at all decreasing — that the proportionate number of male seals of tin 
proper age to take is decreasing. 

Q. The females are increasing? — A. Yes, sir; and consequently the 
number of jnips ])roduced annually. 

C^. It looks, then, as if the males ought also to increase? — A. I think 
that number of 100,000 was a little more than ought to have been begnn 
with. J think if we had begun at <sr),000 there would have lieen no 
necessity for diminishing. Ou the other hand, 1 think that within two 
years from now it could be increased. 



EXTRACT FROM THE REPORT OF LIEUTENANT WASHBURN MAY 
NARD TO THE SECRETARY OF THE TREASURY, DATED NOVEM 
BER 30, 1874'. 

The great work of the season, the taking and curing of seal-skins, be 
gins the fh'st week in June, and is pushed forward asra])idly as possible, 
as the skins are in the best condition early in the .sc^ason. This year 
00.000 skins were taken on Saint Paids by eighty-four men in thirty- 
nine days, "i'lie natives do all the work ot driving, killing, and skin- 
ning the seals and of cur'':g and bundling the skins, under the dirci 
tion of the company's agents and of their own chiefs. The first oi)er:i 

' Mouse of Ro]»rt'sontative8, Fortv-fonrth Coiifiress, first session, R«'port No. 0-;>, 
•liousc Ex. Doc. No. 43, Forty-fouitli Coiigross, first scHsion, pp. 8-10. 



..•.iJh»5!*i ., 



RErORT OF LIEUT. MAYNAKD, 1871. 



281 



ASURY 
LCH 20, 



IKTOilSO 

iMiipaiiy 
iiiIkm' of 
, as noar 
liey arc 
uons in 

itliotwo 
jnisliiiiu 

L'Ol (lllilc 

etary ol 
'fore tlic 
iiiber ot 

in tlr.ti 
■; passed 
\li(l took 
■oduct ol 

alio that 
18(;(»-"()7 
liad Ikm'11 
I rccoiii- 
scals tor 

seals art' 
Is of the 

sntly tlic 

I think 
'11 bo,iiiin 

lieoTi I Ml 
thin two 



LNMAY 
NOVBM 



kins, ho 
possiblf. 
his y<'iir 
n ihirly 
md skin- 
10, (liroi 
st o]H'rii 

rt No. liL'H, 



tioii is that ofdrivinj;' tho soals from tho haiiliiifjto tlio killinj;};ronn<ls. 
TIm^ lattor aio noar tiio salt houses. Nvhi«'h are hiiili at jioinls most 
i-onvoiiioTit for shi]>]>in^ skins, ami all the killing' is 4loii(> upon them, 
in order not to disturb tlu^ other soals, and to save the labor of 
earryinj; the skins. The soals suitable for killing- (which are the younjj: 
males from two to six years old) are readily collecti'd into droves upon 
tho huntiuff grounds by uettiii};' botwooii them and the water, and are 
diivon as easily as a tloek of sheej). They move in clumsy gallop, 
their bellies being raised entirely from tho ground, uixni tiieir llipiM'rs, 
wl H;h gives them, when in motion, tho ai»pearanoe of bears. They are 
sometimes called " sea boars " on aeeount «)f this rosemblanco. Jn <liiv- 
iiig them care is taken not to hurry tliem, for, if <lrivon too fast, tliey 
crowd together and injure tho skiiis by biting each other, and also 
become overheated and exhausted. They are driven from one-half mile 
to five miles in from three to thirty-six hours, according to the location 
of the hauling grounds. After roaohing tho killing gr(niiids they are 
allowed to rest and cool f(U' several hours, ]>arti<'ularly if the drive has 
boon a long one. The drives vary in number from live hundred to as 
many thousand, as ther<> ha})])en to be few (»r many soals upon tho 
hauling gnmnd wlun-o the drive is made. In each drive tlu!re are 
some soals that are either so largo or so small that their skins are not 
desirable, and sometinies a few iemales are driven u]); not often, how- 
ever, as they seldom stray from the rookeries. All such are single<l 
out and permitted to escape to tho water. 

The killing is done with a blow on the head by a stout club, which 
ciushos the skull, after which the skins are taken oflf and carried into 
tho salt-houses. During the lirsthalf of the nunith of June from five to 
fight per cent of the soals in the drive ar«' turned away, being either t(M» 
small or too largo, and fr()m ten to twelve per cent during the latter half. 
In July the percentage is still greater, being about t(»rty per cent for the 
tirst and from sixty to seventy live ])orceiit for the latter half. About 
one-half the seals killed are about three years old, one-fourth four, and 
tho remainder two, live, and six. >«o yearlings have been killed ujt to 
tho ]>resent time, though allowed by the lease, as their skins are too 
small to be salable in theiuosont stateof the trade, but by some trade [.s/r| 
in it they may become desirable in the future and would then be taken, 
This would injure the tisheries, because the yearlings of both sex«'s 
liaul together, an<l it would bo almost impossible tosei>ai'ate them so as 
to kill oidy tho males. Theif has been a waste in taking theskins,diie 
jtartly to the inexperience of tho company's agent, and ])artly to acci- 
dent and the carelessness of tho natives. In making tho drive, jtaitic- 
idarly ifthoy are long on,[.stc] and thosunhaiiiions toi>iorce through tlict 
log, some of the seals become exhausted and die at such a distance 
Irom the salt-houses that their skins cannot well be carried to them by 
liand, and are therofbre left upon tho bodies. This was remedied dur- 
ing the last killing season by having a horse and cart to follow the 
drive and collect such skins. Some skins have also been lost by killing 
more seals at a time than tho force of men employed could take care of 
|iro])orly. Good judgment and constant care are required in taking 
I lie skins, as fifteen minutes' exposure to tho sun will spoil them by 
loosening the fur. 

Another source of waste is by cutting the skins in taking them oil' 
III such a mai .ler as to ruin them. It was very dillicnlt at lirst to in- 
duce the natives to use their knives carefully, and several hundred 
skins were lost in a season by careless skinning; but by refusing to ac- 
cept and pay for badly cut skins the number has been greatly reduced, 



,■ s 



li 



n 



,K'i- 



I 



i 1 



282 



EXTRACTS FROM VARIOirS PUHLICATIONS. 



HO tliattlie loBR this year oii St. Tanls was but one liuinlrod and thirty 
from all causes. Tlio salt liouscs aio ananjjrd with hunv bins, called 
kcnchcs, made of tliick planks, into which Ihcskins arc j»uf,lui\sidc down, 
■with a layer of salt between each layer ol" skins. They lu'conie snlli- 
eiently cured iu from live to seven days, and are tlicn taken lioni tlic 
kenches and ])iled nj) iu books, Avitli a litth- fresh salt. Finally they 
are i)rei)ared for shi)>meut by rollinjj them into c(>nii)act bun<lles, two 
skins in each, which arc secured with stout lashiiifi's. The laiyest of 
these bundles weigh sixty-four i)ounds, but their average weijiht is but 
twenty-two. The smallest skins, tlios<' taken from seals two y<'ars 
old, weigh about seven ]HUinds each; and the largest, froui seals six 
jears ohl, about thirty. 

The skins are counted four times at the island, as tbllows: ]*.y the 
company's agent and the native chiefs when they are put into the salt 
houses, the latter given in their iiccounts, alter each day's killing, to 
the Government agent; again when they are bundled by the natives, 
who do the work, as each is ])ai<l for his labor by the binnlle; by tiie 
(lovernment's agents when they are taken from the s.ilt houses lor 
shipment; and tlie fou'h time by the lirst oflii'cr of the comi)any's 
steamer, as they are delivered on board. An otiicial certificate of the 
nund)er of skins shipped is mad«' out and signed by the (lovi'innient 
ag(iits in trii>licate, one co]»y being sent to the Treasury Department, 
one to the collector at Han Francisco, the third given t(» 1Ih> master of 
the vessel in which they are shipped, Theamonntoftlietax orduty i)aid 
by the c(mij)any to the (lovernment is determined by the result of a linal 
counting at the custom-house in San I'^rancisco. Tlu; books of the com- 
pany sh(»w that it has])aid into the Treasury since the date of tlu' lease 
$17(),480.45 on account of the rental of the islands, and $1,().">7,70!).7J: 
tax on seal-skins, which sums also ajtpear in tliose of the Treasury 
Dei)artment. The latter sum is less by 8H5,458.(J3 than the tax that 
should have been ])aid had one hundred tliousand skins been taken 
each year since 1H70, or, in other words, (),U()t> fewer skins have been 
ship])ed than the lease i)ermitted. The record kept at the islands, by 
both the Government's and company's agents, shows that in 1.S71 but 
]9,077 skins were on St, Georges instead of 25,000, the number allowed, 
and that nearlv every year since the number shipped has fallen a little 
short of 100,000. 



* if 



EXTRACT FROM THE REPORT OF J. S. MOORE TO THE SECRETARY 

OF THE TREASURY. 1875.' 

First in order is to report my investigation as to the number of fur- 
seals killed on the two islands of Saint Paul and Saint George. I have 
compared the custom-house entries and the certificates of tax paid witli 
the shipping books of the Alaska Commercial Company. These 1 found 
differed during a term of five active tax-paying years, and in number ol 
404,(»38 skins by exactly 1,427 skins. 

This discrepancy, however, as will be seen in the appended statement 
taken from the company's books, is reduced by the actual account of 
sales of jMessrs. Lampson & Co., in London, to a discrei>ancy of 55'.i 
skins only, and this latter I have no doubt is correct. The significance 
I attach to this small discrepancy is rather favorable than otherwise, as 
the very ditliculty of a correct count by ignorant packers, who salt, pre- 
pare, and ]»aek the skins in casks for shipment, easily warrants a differ- 

'House Ex, Doc, No. 83, Forty-fourth Congress, first session, p. 193. 



REPORT OF J. 8. MOORK, 1875. 



283 



ence in i\\o. ininilM'rs, iiiid I slioiiM liavt* frit more suspiriona liiul tlicro 
Im'I'ii not ii sin^rlc diHcicpant^y in live ycai.s anil in a nninixT of 40>'{.7(»L 
skins. The next test was to compare tlie Alaska romtnercial sliippin;; 
a«u!ount with the return of account of sah's from Messrs Lampson vVs 
Co., in liondon. As the eompany very readily placed their l)<M)ks un<i 
eorresixMidence at my dispijsal. I availed myscli" of the piivilej-e, iin<l 
with their full consent transciibcd from their Ixtoks an a<'count of sales — 
the whole tninsactiou of fur-seals taken, shipped, and sold — which 1 
herewith ap])end : 

Slafemeiit of fur-seal ikinn from Si. I'uiil and St. George Inlaiuh. 



Tux paiil. 



Date of entry In our 
books. 



JllllC 
Sept. 

May 
Oct. 



12,1871 

.1, \nl\ 

2H, 1"72 , 

10 1872 



Aug. 5. 1873 



Aug 
(li't. 

Aug. 
Sept. 



14,1873 

U, I87:t 

11, 1H74 

27.1874 

7, 1874 



SkiiiH. 



Sliipiiii'iit to T.iinilon n8 ]i<>r our Laiiipson'.i accniiiit NalcH I'min 

UCCCIIlut. i.iilllloll. 



Date of entry. CorIch 



3,448 
(id, 065 
:i9, 176 
(11, .'U3 
34, 758 

3, 906 
37, 202 
57, 390 

5, 092 

250 

45, 086 

54, 858 



403, 208 



Juno 13, 1871 
Sept. 0,1871 
May 29, 1872 
Oct, 5,1872 
Oct. 17, I871I 
Aug, 12. 1873 
Sopt. 8, 1,'<73 
Oct. 18, 1H73 
Nov. 17, 1873 
Julv 8. 187.. 
Sept. 11,1874 



69 

■ 232 i 

681 I 

, 020 ! 

52» I 

828 ; 

,020 . 

72 i 

U I 
4 I 
,814 



Skins. 



3, 4,10 

61, :oi 

40, 155 

61,318 

31,781 

41,282 

57,213 

4,550 

701 

256 

99,759 



7,311 404,635 



Uato of ac- 
count rru- 
(ierod. 



Dec. 14, 1871 



Foil. 
Aug 
Jan. 
May 
Jan. 
Apri 
Oct. 
Due. 
Apr. 



15. 1872 
22,1872 

12. 1873 
6, 1873 
8.1871 

1 2, 1K74 

1. 1874 

17. 1874 

3. 1875 



CViaks, I Sluns. 



711 

. ,121 

081 

939 

611 

1 , 226 

705 

4 

1,112 

732 



3,311 



3,474 
33, 908 
27, Oitlt 
40, 0,58 
BO, 227 

39, HI3 
63,511 

40. 213 
2,14 

69, hO',1 
30,341 



403, 707 



taken 
•e been 
ids, by 
.71 but 

lowed, 
a little 



The first eolunin headed " Skins," represents the number of fur-seals 
on which the tax was i)aid. The seiMtnd column headed "Skins," rep- 
rc^^ents the number shipped by the company to London. The third 
column headed "Skins," represents tlnmumber of skins Messrs. Lamp- 
son & Co., of London, actually received and rendered account of sales 
for. 

I am perfectly satisfied that these tif:,*ure.s are correct, unless not 
only the coiniiany, but the customs ollicers on the islands, the oHicers 
of the ships that bring the skins, the custom oHicialsin San Francisco, 
and the great house of Messrs. Lampson »& Company in London, are 
one and all in collnsion and conspiracy to defraud the Treasury of the 
United States. There would, besides, be another diHiculty to over- 
come, as it would be necessary to k(;ep false books and false entries, 
while in fact nothing is so easily detected as false bookkeeping. 

We may therefore tfike it for granted that the true number of skins 
taken from the islands of Saint Taul and Saint George is correctly given 
in the last column of the foregoing statement, which is the receipt and 
return of account of sales of Lampson & Company. 

I have, besides all these proofs, a copy of letter and spocitications 
from the company's shipping books to Messrs. Lampson & Comi)any, 
which, being very voluminous, will be found in Ai)])endix B, the details 
of which, agreeing perfectly with the stipulated numbers, may betaken 
as very satisfactory proof of the correctness of the books and accounts 
of the company. 

It is now necessary to state that the lease having been signed and 
delivered August 3, 1S70, and that year, counting for (Uie full year in 
the lease, the company would have been entitled to 500,000 skins from 



i I 



284 



EXTRACTS I'liOM VAHIors F'lTIM.ICATFONS. 



1S7<> to 1S74, iiiclnsivo, wliilo tlie actual seal skins taken on wliicli tax 
was paitl was lO.'J.L'iKS. 

I lin<l, liowevor, that tlui nnniltcr t>f skins sold by Messrs. Lanipson 
<Jt (Jonipany on arconnt of tln^ Alaska Coniniercial < 'onipany was lO.'J.TUT. 
wliirli, as stated, is a diseiepancy of .■».'»",> skins on wliieli no tax was 
paid. 

It would, therefore, seem evident that a tax of .*2.(!2A per skin, or a 
total of )!!l,4<>7..'i7, is due to the Treasniy by the Alaska ('oniineicial 
Company. With the adjustin«'iit of tiiese ."•")!• skins from whieh a tax 
is due to the Treasury,' that ]>ortion of my instrnctiims whi<!h recjuire^ 
nu' to aseei'tain the eorreetiu'ss of taxes ])aid on skins taken from tlir 
islands during 187<>-'7t, in(hisi\e, will no dtaibt pi'ove as satisliutory 
to the JJepartmeut as it is to me to be able to record it. 



EXTRACT FROM THE FISHERIES AND FISHERY INDUSTRIES OF 

THE UNITED STATES.- 

TIIE rUIi-SEAL INDUSTRY OF CAI'i: ILATTKKY AND VICINITY. 

Jamks G. Swax. 

1. nhiory^prcucni condition, and methods of the industry. 

The northern Inr seals {Cdllorhinns iirsinus (Ir.iy), in their annual 
mi<;ration north, ap]>roaeh the coast between i oint (Irenville, AVasli- 
injiton Territory, and the western shon's of Vancouver island, 15ritisli 
(Columbia, in vast In'rds, and are taken by the Indians of Cape Flat- 
tery and the natives of Vancouver island on the ocean otf the coast, and 
occasiomilly in the Strait of Fuca as far inland as the Dniificness Li<f|it. 

The <,n'eat body of these seals keep well out to sea. and duriuf; the 
l)resent year (ISSO) have been rei»orted by vessels Ixaind iu from C'liina 
and the Sandwich Islands as havinj; been seen from 1(K) to.'KMhniles oil' 
shore, coverinfj- the sea as far as the eye could reach, and looking like 
vast beds of kelp in the distance. 

JNlcteorolofjical causes seem to effect this vast collection, sometimes 
causiiifi' it to keep olf from the shore at a fiicat distance, with only a few 
seatteriufj ones cominj;' near enoufjli to fall victims to the Indian's si)ear. 
At other times, and notably the present season, the great herd sways 
inward toward the land, following the same general movement as may 
be observed in a school of herring, the center of the school or herd 
being invariably the most numerous. 

])uring the voyage of Captain Meares in 178S-'89, as well as those ol 
Portlock, Dixon, Maidiand, and other early voyagers, but little menti(»ii 
is made of seals, as they were then of such snmll value that in the li./ 
of furs and skins which the captains were directed to procure no men 
tioii is made of them, the sea-otter then being the most i>lentiful, as it 
was and is at this time the most costly and beautiful of all the furs. 

Mlack fox-skins were very valuable, as also sable, black beaver, ami 
black marten; but river otter and seals were classed with inferior furs, 
which the captains were directed to purchase or not as they Judged 
l)est, but to coutine their work to the sea-(ttter. 

Fnmi all the accounts given in the records of those early voyages, as 
well as from the traditions of the Indians, it seems that a hundred years 

' This tiix wiis dill V piiid. Seo lioport No. 6l'3, 14tli Congress, p. 68. 
«Scc. V, Vol. II, li. ol»3. 



^BBi T^ I 



IJNITKI) STATKS I'ISIIIMMKS. 



2sr> 



ufjo tlu"! soa-ottrr wow. as immcroiis in tliis vicinity and as readily taktMi 
i)y tiic Indians as the fur seal is at tiic picsmt linn-. Sim otlcis aro imt 
rarely taken now and seem to have aliandoncd tln'ir ancient lianiit^i on 
the Ani«Mi«'an coast and to have nii;;rated in a l)ody to the northeastern 
siiores of Asia and tlie islands oil' the Silterian c(»ast ami .lapan, where 
they abound. Their places (»n the American shores are m»w taken hy 
the fur-seal, which of late years seem to be steadily on the increase. 

From 1S."»7, the date of the lirst whiti' settlement at Neah Uay, to 
ISlKi, but f(^w seals were taken. They were in those years very scarce, 
and it is only sinci^ IStitJ that fheiy hav«^ bct'u known to resent to the 
victinity of Fnca Strait in such lai«;e numbers. 

The nujjority of the s('als killed by tlie Makahs, or (Jape Flattery In- 
dians, at the connnencement of the season are females and yearling pop'^t 
the ohler males appear to keep well out to s(^a and nvr seldom taken 
near the sIkuc UJitil toward the close of the season. 

The female seals killed by the Indians invarialdy have fo'tuses in 
them in various stagers of (levelo[>ment, according to the nn»nth when 
taken.' 

1 jn'ocured of an Tudian tw(» to'tal seal i)Ups on the L'Otli of May last, 
which 1 selected from a lot the Indian was skinning; they were tar 
enough advanced to be skinned, although their jtelts were woithless for 
tra<le. These tW(t specimens I gave to I'rofessor -Ionian, who has them 
among the collection he made at Neah Uay. 

The time the fur-seals make their ap[)earance in the vicinity of (Jajx! 
Flattery varies; generally they do not appear before tin; 1st of March, 
but this season tln^ lirst were taken on the I'^th day of -January in Fin-a 
Strait near VVaadda Island, at the entram^e to Neah liay. The Indians 
killed on that day fo. y-live. This is asearlyas I have any recollection 
of, although the (»ld Indians tell me tiiey have known them to make 
their ai)|»earance, but rarely, as early as the last of December. [ think 
their appearance for an average period of ten years past would be about 
the 1st of March. They remain some seasons as lat(^ as July and August, 
but in ISSO the last catch was made al)o:it the liOth of .Fune. 

Until within a few years past the Indians have g<tne to sea boldly in 
their eanoes. starting out by daybreak and returning at night. Three 
men usually go in a canoe at studi times. liatterly they have put their 
eauo«'s on board the sealing schooners which take them to the siialing 
grounds and lay by Mhile the Indians went off in them and speared 
the scifls. The canoes taken on board the schooner have but two In- 
dians in each. 

* • # * « • • 

The Indians l)ere never use tire-arms to kill seals. They say tlu' re- 
port would scare them away, and they strongly object to wliite men 
using ritles on the sealing grounds. 

******* 

Of the catch on the American side, that portion taken by Indians 
who went on the schooners, -i,7l(> skins, one third were given bv the 
Indians to the vessels to pay for transporting them and theii- can to 
tho sealing ground, amounting to 1,570 skins. The remainder 3,140, 

'Mr. Swaii thinks it possible thiit tlio sciils r»riin? forth their yoiiuji; in the ocean, 
:inil says that many of tlie sealers ajiret^ with that ojiinion. Mr. H. \V. Klliott. how- 
i'V(!i', feels eertain that it would ht^ ini|iossil»le for the; newhorn seals to live in the 
iicean, and thitiks that no seals at (!a|ie flattery are so far advanced in preji;naticyaH 
to li(! unable to roach the i'ribiiof Islands before tho pups are born. — A. Howard 
I'laik 



28G 



EXTRACTS FROM VARIOUS I'UUMOATIONS. 




ii'Med t/4> the ainoiint sold by tlir liuliiiiis to trtulcrs, iiiilcpentleiit of 
tli« schooners, l,r»r».S skins, iiiitkcs a total of 4,<i!>H skins, for which tlit'y 
recttived from thcj (nuhirs, in <'ash and trade, an av«'ra;,'<' of ijU \h>.i- skin, 
equal to i^l'Jj'J'SJ. This sum divided anion*; two hnndi'«-<l and tlurfy 
two Indians, the whole nunilM'i' who were en;;'a^<>d in sealin<; dnrin;: 
the season, gives a little ov(>r ijll.sij to ear h Indian for his six months' 
work. 

The total value of the fur seal eat<'h of 0,2«».S skins reported at >.'eali 
r»ay, as taken by the [nilians of the .Makah HeserviUion, at $1) each, is 
$"»«», Uli. 

Tliis shows the value and iniportain-e (»f one of the, interests of Wiish- 
inffton Territory of wliieh hitiierto hut little has heen known, it Ix'in^' 
evidently for the petiuniary advanta;;e of tlu^ very Ihw periions who 
have «Migaji;ed in it to keei) the pnl)lie in the dark as niueh as possible 
re;;arding its exttMit and value. This season, however, has shown an 
increase of the vessels en»pl(»yed, and it is nn>re tiian probable that tin- 
nund)er will i>e increased anotiier season. The un|)iceedented luunber 
of seals which made their appearance, a number which seems to have 
steadily increased each season since 180(J, will give enii)loyinent to a 
lai'ger fleet of vessels another year. One (»f tlie captains remarked to 
me, '' If a hundred schooners could have obtained er»^ws of Indians, there 
wore more than enough seals to have satisfied them all." 



EXTRACT PROM THE TESTIMONY OIVBN BY JAML3 O. SWAN 
BEFORE A COMMITTEE OF THE UNITED STATES SENATE.' 



By Senator Allison : 

Q. I want to get at your general idea of the treatment of seals and 
the fisheries as a whole question. You think there is an exhaustless 
supply of fish here, and that the number of seals is not diminished, and 
yet the seals feed (Ui the fish? — A. 8() far as the salmon go, tlu> have 
diminished them, no doubt about that at the Columbia Itiver; they 
have been very destructive this year. They have destroyed the nets, 
and not only seals have done that, but sea-lions and all animals that 
make fish tlieir food. 

Q. You think they ought to bo killed before they re;ich the mouth f>l 
the Columbia? — A. 1 think they ought to be killed oft' the coast ot 
California. 

By Sen; or DoLPn : 



Q. Do you f ! 
upon the salm 
the fishermen 
that they woul 
preserved, unU 

Q. If a seal 
do? — A. I su}) 



nk that th(\v would have made mntdi of an impressKn 
at the mouth of the Columbia if it had not been for 
d their nets, and trai»s, aiul pounds? — A. I don't, know 
, but at the sauje time I don't see why they should hf 
i it is the fashion. 

i shot with a rifle, wounded and not killed, what does it 

oso it goes off. 






Q. Does it dive or sink? — A. I think it dives. 

Q. Then we must charge to the wanton destruction of seals all that 
are shot in the water and not killed at the first shot; they escape eaj) 
ture, do they not? — A. Yes, sir. 

Q. Have you any idea about the proportion that would be wounded 

' Seaato Koport, No. 1530, part I, Filty-flrst Congress, first session, pp. 288 to ■.'DO, 



all 



TKSTIMONY OF .FAMKS O. SWAN. 



287 



lie nets, 
ills tllilt 



it docs it 

all that 
ape cup 

mounded 

sT7-;oo. 



and not killed by Mlioolin;,' from llsliin^ vessels? — A. No; I have no 
Btiitistics to H'ter t(». 

i). At wliat aj;e, is the seal's skin viiliiable? — A. Two years. 

il. Are tlu'ie one year old seals in tiiese schofds? — A. Yes, sir. 

(^>. Ale they evtsr shot? — A. Yes, sir. 

<}. Is that a loss — jill those that are killed a tone yea r's age? — A. Those 
that are killed aie a loss, of coarse. 

Q. And those that are wnunded at oni^ year of a;;e? — A. Yes, sir. 

(}. When a female with piip is killed there is a loss of life not only of 
the female IkmscM'. Itnt of (he pn)> also? — A. That is trne. 

if. There are tw(t losses? — A. Yes, sir. 

(^>. Ho that this method of shootin;;' seals at sea must neciessarily bo 
very destnu'tive. and a };reat many nuu'e seals must be destroyed than 
are taken' — A. Yes, sir. 

t^. So that the economical way would be to take them at the rook- 
eri«'S, where they could be selected and killed if — A. It wouhl be eco- 
nomical if it could be shown that it was for any particular benefit to the 
piddie. 

if. rieavini-- that question aside, if it were true, as claimed by Mr. 
Mlliott and sonuv others, that these seals that come up our coast are 
iMMind for th(^ rookeries, which are situated on these small islands; that 
they are easily destroyed when appntachiny the islands, so that the seals 
mif-ht become so carce that the rookeries would be vahudess in a few 
years if it was open to all to take and shoot at pleasure, w<uild or would 
it not be better to prevent the killin;^ of seals, or to allow them to be 
destroyed by indiscrinunate killing at sea, and the waste of seal life by 
the ir''tho<ls which are used to cai>tni'e them? — A. They might estab- 
lish i.'gulations by which they would be preserved in going through 
Ounimak I'ass. 

Q. Ar<' those points frecptented by sailors? — A. They are, according 
to .Ml'. Klliott's statement. 

Q. Y'ou do not speak from personal experience? — A. No. 

r.y the CllAlUMAN: 

Q. Is it your opinion that it would be for the i)ublic interest to have 
all seal lil'e destroyed? — A. 1 don't know; I don't think that such a 
thing couhl be doue. 

Q. 1 wish to know whether y(m think it should be doue? — A. No; I 
do not think so. 

Q. Captain Jacobs seems to think that the seal is so destructive of 
to(»d fish, and the seal-skin being only a luxury, that it would be better 
to have all the seals exterminated? — A. I think if they were all lost 
the worhl would not be any the worse for it, any more than if all the 
ostriches were killed, the world would be no worse off, except in that 
case the ladies would not get any plumes for their hats, and in the 
tbrmer case they would not get any coats. 

The Chairman. That system would havd to be extended a long way 
Itcfore the world would get rid of luxuries. Every man WM>uld not draw 
the line at the same point. 

Senator II ALE. We could get along without salmon, probably? 

The Witness. And without beef. 

liy Senator Puoii: 
Q. You do not think it is of any importance to prevent the destrac- 
tion of seals? — A. I do, on the islands, but not on the outside, because 
the x>roportion of seals that are destroyed is a very small fraction of 



288 



EXTRACTS FROM VARIOUS PUBLICATIONS. 



wlijit the whole inimbei- is. Tlicic iire niillioiis of seals in the Psuiilie 
Oi-eaii. You have no coneeptioii of the vast myriads of them. 

Q. Then why is it of any imp(ni;aii('(^ to preserve the breediiifj 
islands? — A. IJeeause it is to furnish these si-al-skins for faslii(»n; that 
is aetually all there is about it, gentlemen, so the ladies (tan have nice 
seal skin eoats; but 1 don't see th it the poor man gets anything eheapci' 
by it. 

Q. The skin eonstitutes the s()le value of the seal? — A. Yes, sir; that 
is allj it is nut au article of food. 






EXTRACT FROM "LIST OF REPORTED DANGERS IN THE NORTH 
PACIFIC OCEAN,"' COMPILED AND ARRANGED BY THE U. S. 
HYDROGRAPHIC OFFICE, WASHINGTON, D. C.,1871. 






No. 


NniiK! ((fdai.^or. 


7Ic'])ort('<l poaition. 


Aiitliority, 


Latitiidu. 


l,(iii;;ilu(le. 


no 




^0 00 0(1 N. 
4U DO 01) N. 
40 10 00 N. 


ir.9 40 00 AV.. 

ir.i 00 (10 w .. 
150 m 00 w . . 


r'n|)t. Kpntr.oll, of San Francisco. 

Itark WaHliiiigton. 

(tlilor reportH. 

(Sim I'Tancisco Ucrnld. May M. 1HG7: All;* 

Ciilifoniiaii, Jiilv '^4, 1807; Auu. Hyde., 

18U7, pp., 425 ami 5U;!. ) 







'."I 



It ' 



i » 



The U. S. N. V. Surv. Exp., when at San Francisco in 185(5, found 
reports in eir<'ulation of tlui existence of au island, or a group of islaiuls, 
in that part of the Paeilic Ocean, to which the i»ositions in the opposite- 
col unui refer. It was Siiid that a rook'.'ry of seals existed there, and 
the place was kept secret in order to secure the exclusive exhaustion 
of it to certain ])arties. Subsequently Captain Kentzell, a San Fran 
Cisco pilot, asserted to have seen tlui island in the position which lie 
gave from actual observation, describing it to be about 120 miles h>ng 
and very low; and the master of the bark Washinfffon, rej)orted in l.S<i7, 
as foHows: "Oii my i)assage from the Sandwh'h Islands to the north- 
west coast of the United States, when in latitude 40° Ot)' N., in a dense 
fog, I i)erceived the sea to be discoh)red. Soundings at first gave 
great depths, but dimini.shed gradually to 1) fathoms, when through the 
mist an ishind was seen, along wiiich I sailed 4() miles. It was covered 
with birds, and the sea swarmed with .seal and sea eh^phaiits." The fiiig 
ship of the U. S. X. V. Surv. Exp., on her way home, searched for thi.s 
island, and sounded close to the i)osition in which sul)se(iuently Cai>tiiiii 
Kentzell placed it: bottom was thought to have been reached at li,(»00 
fathoms, but no indication of land was perceived in the vicinity. 

In ISiKS II. B. M.'s shi]) Trinconomale searched for fourteen days be- 
tween the parallels of 3!)o ;?()' and 40° 30' N. and the uieridiaus of ]4S^ 
30' ami li)2° 00' VV. without finding anything. The mail steanuT Colo- 
rado also has passed repi'atedly near this region, looking out for tlu^ 
reported land without suceiss. 

In 18(10 the Japanese sloop of war Candhi-manuh came over from 
Jap.iii to San i^'rancisco, guided by Lieutenant John M. Brooks, U. S. 
N., who had taken passage in her. The fidlowing extract from her log, 
kept by that (dficer, refers Ut this mysterious ])art of the ocean: 

"March 8, 18(;o, noon. Latitude "41° 10' 20" K; longitude 140° 2!)' 
W. Fresh brcezivs from N. and W., with frequent s(|ualls, heavy sea, 

^>ri). 8, 9. 



3 PiU'.iflc 

Heed i 11 f; 
on; tliat 
iivc iii(*<i 
: ('.hen i>cr 

sir; that 



1 NORTH 
IB U. S. 



PAPER BY WILLIAM PALMER. 



289 



30. 1H07: Mill 
Aim. Hyili-, 



l5(5, fouiKl 
>f islands, 
) opposite 
here, and 
cliaustioii 
an Fiau- 
wliicli lie 
[dies loiifj 
d in 1S(»7, 
le iiortli- 
a dense 
rst s'av*' 
ous'li tlie 
s covered 
Thetlii.ti- 
for this 
Oajdaiii 
at 2,(100 
y. 

dav« !>''- 
Is of 14S^ 
ner t'o/" 
for the 



rer from 
ks, U. S. 
|i hor loj;', 
n- 

140° 'JO' 
bavy sea, 



color very nmeh as on soundinjjs. At 4 lirs., .'iO m. had just com- 
putet.' loiifjitude when Captain Tomogoroli and otiiers rushed in my 
room in j?reat excitement, reportinj;- hind in sij^lit. I ran on deck, and 
one of my men, an American sailor, coming down from aloft, said he 
saw low hold and breakers aliead, extending three xjoints on the star- 
board bow; also on the weather bow. I tlierefore wore shij), and stoop 
on by the wind S. by W. I then went alolt with anotlier of my men, 
wlio said that he could see low land and breakers on tiie lee; but I <'ould 
not, althou{.'li usiiij»' an opera glass. The sea ai)peared latlier white on 
the iiorizon; there were also some birds; the pa.ssing chmdy snow 
squalls, however, prevented seeing anythinf; distinctly. After standing 
2| miles S. by VV, wore again and steered the old course. 1'^. by X., 
whicii, if there had been a reef, would have brought us close to it. The 
sky became clearer in that direction, but nothing was to be seen like 
breakers or land; all admitted that if it were there we would have 
seen it. I supposed, when land was reported, it might be the island 
'Hiawatha,' which Cimimodore Hogeis had looked for, and was in 
hopes that we had made a di.scoveiy. I presume it was a snow stpiall; 
the clouds (cumuli) were very heavy aiul low down. From the noon 
position we had ran 17 miles on an I'], by N. course when land was re- 
ported." 

In June, 1867, finally, the schooner Caroline Mills, Captain Turner, 
was sent out exi)ressly by San Francisco merchants to search for the 
reported land. On the 17th she was in a position 24 miles distant from 
its supposed NW. extremity, with a light breeze and a clear atmos- 
phere, but there ivere no indications of land. On ctnitinuing slie v.as 
at midnight within half a mile of that point. Appioa(;hing it the sea 
became discolored, resendding a bank, which ai>pearaiice had already 
been observed when 5 or miles northwest of the supiiosed island and 
continued for 200 miles to the eastward, extending 10 degre<^s of longi- 
tude up to I'SVP 00'. On sounding at noon on the I7th bottom was mtt 
obtained with 100-fatlioms line; at LO hrs. p. m., within 4 or ") miles of 
the supposed land, no bottom at o5 fathoms; on the l.Sth at 4 his. a. m. 
no bottom at IH) fathoms, and at 4 hrs. p. m. no bottom at 100 lathiuns. 
The course on that day was SW. up to 10 miles from the rep(»rt<'d jtosi- 
tion of the supiuised island, when the sea became blue again; then an 
eastern course was steered for, land appearing to be at a great distance. 
It was continued for 75 miles on the reported parallel, but notliing was 
seen. E very v here sea birds (sand piyiers) and numerous seal were 
found. 

From all this it would appear that the reports of the existencr>i of land 
in this part ot the Pacific Oc<'an are unreliable, and the "discoh)rcd 
water" may also have been a delusion. 



EXTRACT FROM A PAPER PREPARED BY WILLIAM PALMER.' 
FATE OF THE FUR-SEAL IN AMERICA. 

(Kcail before tlio Uiolngical Society of Wasliiii;;loii, U. (!., October 17, 1891 ami llliistriitcil by lantein 

slitlos.] 

The present condition of the Alaskan fur-seal islands is but another 
illustration <d' the fact that the ignorance, avarice, and stui>idity of man 
liiive succeeded in reducing an overwhelming abundance of animal liio 

' As publiHhed iu Forest and Stream for OcIoIkt 2J», 181)1. 
12304 li) 



290 



EXTRACTS FROM VARIOUS PUBLICATIONS. 







that, by careful and considoirate treatment, would forever have been a 
source of immense wealtli, to such a condition that it becomes a ques- 
tion of great moment to devise means to prevent its extertnination and 
adopt measures to restore its former abundance. 

In 1867 the United States ]mrchased of Eussia for $7,200,000 all of 
the territory known as liussian America and now as Alaska. At the 
time it was expected that it would prove a paying investment. Great 
tales were told of the fabulous wealth that was there in the shape of 
lumber, coal, j)recious metJils, etc., and but little stress was laid upon 
the fa(;t that fur-seals were found in abundance upon two small 
islands, but nowhere else in North America. Now, after the experi- 
ence of over twenty years, what is the result? Alaska itself i)ays 
almost nothing into the National Treasury; in fact, it takes over 
$200,000 yearly to support its management, while the two little 
islands of St. Paul and St. George, with a direct yearly expenditure of 
less than $20,000, have almost returned to the National Treasury the 
large sum paid for the whole of Alaska. The net income from the seal 
islands for the past twenty years has been in round numbers $0,000,000. 
The net income for the next twenty years, based on the bids of the new 
company holding the lease, would be over $20,000,000, but the actual 
amount will be less than a million unless stringent measures are taken 
to prevent a further decrease of seal life and to provide for better 
methods of management. 

It will be seen by this that the ])reservation of seal life on the Priby- 
lov Islands is really deserving of the utmost consideration and that a 
proper enforcement of the best means and measures is demanded even 
from a purely business point of view. 

Rainy, foggy, and cold, nasty weather is the rule on the islands, and 
to this fact is greatly duo the residence and abundance of seal lil'e 
during the summer. Wherever a rocky slope ex I ends into the sea tlieio 
the seals haul out and form a colony. On St. l*aul's there are nine of 
these places, the smallest having a sea margin of 750 feet, while the 
hirgest, that at Northeast Point, is 15,850 feet in length. On St. 
George's there are live, with an average sea margin of only 700 feet. 
The average width is KM) feet. The seals on the island .are divided by 
name into four groups or divisions, which are well known to everybody 
there. The male seals of seven or eight years old and xipward arc 
known as Lulls, and are the only males large and strong enough to 
maintain a position on the breeding gnmnds. The female seals arc 
known as cows, while the young sen! of the year is called a pup. The 
male seals one year old and upward a 'C called "holluschickie,"or bjM'lic 
lor seals, and it is from the ranks of these that the killable seals arc 
taken. The breeding grounds are known as rookeries. In 1871: JMr. 
Henry W. Elliott, as tlie result of two s<'asons' work, estimated tliat 
there were on the rookeries 3,l!);>,000 bn'eding seals and young. Last 
year, as a result of another survey of the rookeries on the same ba,sis, 
it was found that less than 1,000,000 breeding seals and young were 

l(!ft. 

About the end of Ajnil there appear about the islands a few old bull 
seals. These gradually increase in numbers until by June 1 all have 
arrived and occupied positions on the rookeries. This is only done as 
the result of continual lighting and bellowing, which is kept up inccs 
santly. About June 10 the cows arrive and by the middle of July tiiey 
have all landed on the rookeries. 

Soon after the cow lands, sometinn^s the same day, she giv(^s birth to 
a single young, ami in the course of a week or two returns to the sea to 



PAPER BY WILLIAM PALMER. 



291 



procure food. For this purpose tlioy travel from fiO to 100 miles west, 
southwest, and northwest of the islands, wheie they only too readily 
fall a prey to the seal hunters, who have learned to await their arrival at 
these plaees in Bering Sea. 

While the fur-seal is a quiet, shy, and easily alarmed animal, it has 
several peculiar hnl>its which are taken advantage of by the seal hunt- 
ers and render its capture almost an easy matter. Fur-seals are com- 
monly seen scratching themselves while at the surface of the water. 
A seal, having satisfied its hunger and desiring to rest, will ascend to 
the surface, and with only the tip of its Jiose and a small portion of its 
back, witli now and then a flipper, out of water, will sleep, though in a 
rather fitful manner, or, witli dosed eyes, it will roll over and over, 
keeping its body in a continual slow motion, with one flipper gently 
beating the water, and bending its body in every conceivable ])osition. 
I had many splendid oppcu'tunities of observing this liabit of the seals. 
On one occasion I waded out until 1 could have touched with my fingers 
a fur-seal floating on the surfju'e. With its eyes closed it rolled over 
several times a minute, at the same time bending and twisting its body 
into every possible position, using one of its fore flippers as a paddle, 
and occasionally scratching itself with a hind flipper. I stood thus for 
more than flitecn minutes, and c<mld at any moment have easily killed 
it. But .suddenly, as it was slowly driiting to leeward of me, its great 
eyes opened, a look of astonishment seemed to pass over its face, and 
in an nistant,Avith a great plunge, it had disappeared below the surface, 
only, however, as is tlie hnbit of tlie fur-seal, to rise again a few yards 
away, take a last look at the strange object tlnit had alarmed it, and 
again disappear, tliis time tor good. 

It is to tliis habit of the fur-seal that the success of the pelagic seal 
liunters is due. On a calm day hundreds of the seals may be seen on 
the surface engaged in this manner. The poachers are provided with 
canoes, mostly manned with Puget Sound Indians, who stealthily pad- 
dle up to the unconscious seal irom leeward and, shooting it througii 
the head, imniediately attempt to prevent its sinking by catching it 
with a pole armed with hooks. It is known that from five to nine of 
the seals out of every ten that are struck sink before they can be reached, 
so that the waste of seal life by tlie jielagic seal hunters is from 50 to 90 
l)er cent. But there is to be added to this statement another fact. The 
j^Tcater number of the seals captured in the waters of Bering Sea are 
females whi(di are on their way to or have left their young on the rook- 
eries while they are seeking food. As it is a well-known fact that a 
Tiiother seal will only suckle its own young, and that the young seal 
is unable until it is several months old to procure its own food, it neces- 
sarily obtains that the death of the pup follows that of its mother in a 
short time. The numbers of dead pups about the shores of St. Paul's 
began to attract my attention about tlie middle of July last year. On 
Aug. 2 I stood on Zoltoi Beach and counted 17 dead pups within ten 
Icet of me, and a line of them stretcihed the whole length of the beach. 
Many of tliem starve to death on the rookeries, but by far the greater 
number sink in the deep water along the margin of the rookeries.' 

'Tlio roinainin;? portion of this aitiulo appears at payo 187 of tUo Report of the 
I'ritiHh Bering Sea Conimiuisiuuers. 



il 



292 



EXTRACTS FROM VARIOUS PUBLICATIONS. 



EXTRACT PROM PRODROMUS OP THE ZOdLOGT OP VICTORIA, 
DECADE VIII, B7 SIR PREDERICK McCOT. 

Having told my friends, Trooper Ardill and the sealer Ross, that I 
should like to have tlielr observations on tlie creature in wiitiner lor 
publication, the former furnislied me with the following interesting 
account, which I give in his own words, conveying Itoss's observations 
and his own: 

OowES Police Station, 12th March, 1880. 

In reply to your enquiries relative to the seals which frequent the 
seal rocks oft' Phillip Island: The seals come to the rocks about Ist 
October. The time of bringing forth the pups is between lOth Novem- 
ber and 10th December. They do not commence to breed until they 
are thrcp years old. Tbe male (or bull) during the pupjung season wiil 
ascend the rocks and stop for one or two montlis without food, and is 
extremely attentive to the female (or cow) and pups. When the females 
tight and quarrel he restores order. The bull is very fat in the begin- 
ning of the season, and yields from five to ten gallons of oil, and in 
three weeks after will hardly yield one gallon, the yield, of course, de- 
pending on the age and size of the bull. The cows are seldom killed, 
as they have very little lat. It is against the rule of sealers to kill a cow 
or the i)ups. 

They live on fish of various kinds. I have found the backbones of 
fish 2 feet in length. They eat leather-jackets, parrot fish, squid, etc. 
1 found one backbone 2 feet 4 inches long; it may have been a barra- 
cuta or pike; I don't think it was a shark. I have found a few joints 
of a shsirk's backbone. 

The bull is very furious at pupping season, and when disturbed will 
go into the water and return in a few minutes. Out of season they go 
to sea in the morning and return at night. When fighting they strike 
each other like the boar. Their teeth are about 1^ inches long and cut 
terribly. I have seen cuts from 1 to 10 inches in length. 

The usual color is a yellowish brown, although some have been seen 
that were spotted, and some a beautiful grey.* 

They generally select flat, ina(!cessible rocks, or, where they are not 
disturbed, they select the grassy patches. 

Tiie cow generally brings forth one pup; sometimes two. They keep 
good watch and care attectionately for their oftspring. They circU^ 
round them in rough, stormy weather, and keep them from any wash 
or sea that may come over the rocks. I have seen three pups washed 
oft" the rocks and the cows have immediately followed and brouglit 
them on the rocks again in an astonishingly rapid manner. I have 
also seen them catch a pup in their mouth and throw them 10 feet high 
and never hurt them. 

s voi<'e or noise is guttural, and when angry sounds some- 
"oough, oough." The noise is much heavier than any ani- 
mal 1 know. \Vlien trying to pacify the cows it sounds like "yah, 
yah," said quick and short. The noise of the cow is very much like ;i 
cow of the bovine species. The pup bleats like a lamb. 

Their sight is not so good, so it is generally said. I think myself 
their sight good enough, but they not smelling man don't think he will 
harm them; when they get the least scent they are oft" like a shot. 

During tlie pupping season they keep up an incessant noise dnriiif,' 
the night and generally keep quiet during the day. They look clumsy 

■ I'liis U tUt) variety tigured iu Decade LV, Dale 31. 






Tlie bull' 
thing like 



FANNING S VOYAGES MARINE MAMMALS. 



293 



and awkward on the rocks, but tliey iir« very lively when on the move. 

I consider them as qnick in their movements as any tish tliat swims. 
They strike at one another with the ;^apidity of liyhtninj?. 1 have seen 
one bull i)revent another from landii.^ for several hoius. They move 
alonjr by drawinjj the hinder part of the body forward and under, and 
then n'iving a. jump and push forward. 

If tiiey are disturbed before they pup tbey will leave the rock and 
oo to another. 

The cow has six teats, I think, which they draw into the udder or 
body when not suckling their young;. The milk is very white and 
strengthening. Should a cow die or be killed her puj) is suckled by 
the other cows. This I am told is the case, but I can't vouch for it. 
All I write is my experience on the Seal Kocks, off "The Nobbics" at 
J'hillip Island, Victoria. 

I can't say whether they inhabit these rocks all the year or not, but 
don't think so. I have heard Koss say they do not. 

As regards their habits, fur, ears, etc., etc., the only difference being 
in the color; some are darker thau others. 

They are found along the coast as far Jis I know, from Phillip Island 
to Wilson's Promontory. Nearly all the islands in Bass's Straits are 
inhabited by seals. 

I know of no other fur or eared seal; in fact, there is no other seal 
about here. 

(Signed) Geouge Ardill, 

Mounted (Jonstahle, 



been seen 



EXTRACT FROM A LETTER OF BENJAMIN PENDLETON TO ED- 
MUND FANNING, PUBLISHED IN FANNINQ'S TOY AGES AROUND 
THE WORLD, 1792 TO 1832.' 

Speaking of the seals on the coast of Chili, it is said: "It is this 
last named, viz, the seal fishery, that more particularly needs the 
assistance of an exploring by Government. Those vessels employed iu 
this business have lately generally made losing voyages from the fact 
tliat those places which were the resort of the seals have been aban- 
doned by them or they cut off' from them, so that other discoveries are 
iini(!h wanted, while as an evidence that these can be effected was our fre- 
(luontly meeting during our cruise in the ocean with numerous flocks or 
shoals of those amphibious animals, who, it is well known, must resort 
(»nce in the year to places that as yet remain undiscovered." 



EXTRACT FROM SCAMMON'S MARINE MAMMALS OF THE NORTH- 
WESTERN COAST.o 

FUR SEALS. 



Our observations about the mouth of the strait of Juan de Fuca lead 
us to believe that the unusually laige number [of fur-seals] seen in the 
A icinity during the past two years are a portion, at least, of the great 
licrd that resort to St. Paul and St. George. One reason for this con- 
flusicm is, that no adult males are fouml with them. This wimld 
naturally follow the careful ccmrse adopted by the Russians of sparing 



' p. 487. 



•p. 155. 



294 



EXTRACTS FROM VARIOUS PUBLICATIONS. 



the, lemnlcs, in order to propagate the stock. ^loreover, tliis feinale 
herd — for, almost iiivajiably, those of the band which liad been taken 
by the Indians were females — are found to liave tVern.ses in them thai 
must necessarily be brought A)rth in the course of a month or two. 
which would i)robably be about the time they would arrive in that tin 
northern region. The Indians unanimously allirm that they come from 
the south and go to the north. It is quite certain that they do not 
resort to any islands in or near the strait, or the adjacent coast. As 
near as can be ascertained, the main body ])ass by the mouth of tiic 
strait during the mouths of March and Ai)ril and a part of May, after 
which comparatively few are seen. Scattering (Uies, however, rcHiain 
till the <!lose of summer, as before mentioned. IJut where these count- 
less herds of fur-bearing animals resort t() in winter seems a mys- 
tery. All we know is, that at the projjcr seasons of the year tlu>y 
(!ome on shore ]dum]) and fat, the females have their young, and ail 
remjiin about the laud until the little ones are suUiciently matured to 
migrate. 



m 



EXTRACT PROM VENIAMINOFF'S 'NOTES ON THE 
THE UN ALASKA DISTRICT."' 



ISLANDS OF 



'Ik 









m 



m' 



From the very discovery of the Pribilof Is]ari..o up to 1805, that is 
to say, until the time of General Kezanoft's arrival in America, tla 
x<illiug of seals on both islands was carried on without the least method 
or economy, because there were many companies, and, consequently, 
many masters, and every one of them tried to kill as many as ])ossiblc. 
But Mr. Eezanoft", seoi ig that such a management of the industry 
threatened the final extermiiuition of the seals, gave orders to stop 
the killing, and in consequence of these orders no seals were killed on 
these islands in 1806 and 1807, and all the employees were transported 
to Unalaska. 

In 1808 orders were again given to begin killing them, but circuni- 
stances that year only admitted of their being killed on St. George. 
and they were not killed on St. Paul until the following year, and even 
in the fourth year (1810) there was oidy a half catch there. From the 
time of these dose-times, that is to say from 1808 on the island of St. 
George and from 1810 on St. Paul, nj) to 1822, killing was carried on 
on both islands without the slightest economy and even with extreme 
recklessness, so that the bulls were killed for their skins, and tlic 
females perished by hundreds during the drives and on the waj' from 
the rookeries to the slaughtering-places. It was not until 1822 that Mr. 
Muraviett", the chief manager, gave orders to si)are the young seals 
every year for breeding purposes. But the then manager of the Pribiloi' 
Islands, instead of sparing fifty or forty thousand seals, as he should 
have d<me, in accordance with Mr. Muraviett' 's instructions, did noi 
spare more than eight or ten thousand during a period of four years, 
Mr. Chistiakott', who was governor of the colonies after Mr. Mura^■iell'. 
presuming that, in consequence of the instructions given by Muravicll. 
the seals on St. Paul had increased in these fouryearstoat least double 
their former number, and receiving assurances to that ettect from the 
managerof the Pribilof Islands himself, gave instructions to kill iOjOOO; 
and tlu>: new manager of the Pribih)f Islands, in 1828, after omployini;' 
every means to kill as many seals as possible, that is to say, to extermi 
imte the seal sjiecies, with all his exertions procured scarcely 28,000. 

i^art II, pp, 30«-382. 



is female 
eii tiikcii 
lieiii tli:it 
li or two. 
I that liif 
Dine IVoiii 
>v do ii«»l 
»ast. As 
^h of 111*' 
[ay, after 
r, reHiaiii 
;se eoiuit- 
s a mys 
,ear tliey 
gf, ami ail 
atured to 



^.NDS OF 

)5, that is 
lerica, tlu 
st method 
secjueiitly, 
s ])ossible. 
; indtistry 
^•s to stop 
; killed on 
ausported 

it circuni- 

t. George, 

and even 

From the 

and of St. 

arried on 

|li extreme 

i, and the 

way from 

>2thatI\Ii. 

ig seals 
16 Pribilof 
le shonltl 

did not 
our years. 
Mura^•ielV. 
MuravielV. 
ist double 
from llu' 
dll 40,000; 
em ploy ins;' 
;o extermi 
ely 28,000. 



VENIAMINOFP. 



295 



Subsequently, when it was i>lainly seen that the seals were deereas- 
iiig more and more, owing to this managenu'iit of the killing, orders 
were given to observe the greatest <'are in se|>ai'ating the adult and 
young fentales from the seals whieh were to be killed, and to endeavor 
to spare as nniny as possible even of the kind whieh had to be killed, 
lint all this hardly sufficed to keep the number of seals stationary, and 
did not at all increase their nund)er8. Finally, in 1S34, the board of 
administration of the company, in consequence of tln^ <!ouvineiiig argu- 
ments presented to it by Jiaron Wrangel, resolved to nnxk<f a new 
arrangement on this subject by sacrilicing ])resent ])rofits, and in con- 
sequence of this only 4,000 seals are now killed on St. Paul instead of 
12,000. 

Close-times were observed for the seals on St. George in 182G and 
1827, and since tluit time great care and economy have been exercised 
there in killing the seals. 

From these facts it is evident that it was not until 180."), /. c, at the 
time of the consolidatiou of the (!ompanies, that any care was taken for 
the preservation of the seal species. 

It is also evident that half-measures are of no avail, or that, at nmst, 
they only tend to preserve the seal species a little longer, and the 
l)i'esent measures, under present circumstances, are by lar the best. 
And if this policy of the company is continued for fifteen years, to wit, 
until 1849, it may be confidently asserted that the seal s|)ecies will have 
UKU'e than trebled, and, with economical management, will long continue 
to yield enormous profits. In the contrary case, however, if tlie com- 
])any should be intent on i)resent i)rofits, the seals will very speedily be 
exterminated. Table No. 2, annexed to this volume, suflices to i)rove 
this. 

Almost all the old inhabitants believe and assert that sparing the 
seals, that is to say, not killing them for someyejirs, does not contribute 
in the least to their increase and only amounts to losing them forever. 
TLey prove this by the fact that after close-times there always have 
been fewer seals than there should have been ; as, for example, on the 
island of St. George after a close-time of two years for 5,500 seals, in- 
stead of taking ten or eight thousand in the first year, as they had 
hoped, only 4,778 weie taken. 

But this opinion, however convincing it may appear, h entirely 
erroneous — 

1. Because it is imi)ossible that any species of animals or cattle 
should i»erish of itself. 

2. Because very many persons here believed it to b<) beyond a doubt 
that the female seals begin to bear in their third year, that is, at the 
expiration of two years after their birth; but asnonoof the close times 
known here lasted more than three years, it was impossible to see what 
was the real increase. In fat.'t, after a careful comparison of all the 
results of the close-times, it is evident that the cows do not begin to 
bear earlier than the fifth year of their life. The proofs of this are the 
following: 

a. In 1828, after the first close time on the island of St. George, the 
seals continued to decrease steadily at the rate of one-fifth annually, 
until the fifth year. In the fifth year the decrease ceased. In the sixth 
year there appeared an increase of one twelfth as compared with the 
[U'eceding year, and in the seventh year there was an increase of one- 
seventh (see Table No. 1). This shows that the fenndes born in 1828 did 
not begin to bear until their fifth year; and, taking into ' ,;nsideration 
the fact that the largest increase occiured at the exi)iratiou of six 



,1 






*«!• 






hi 
If 






296 



exti{A(;ts from vauious pumlications. 



ypius, it is evident tliat all tlie ieinales did ih»1 bejTjin to hear even in 
tiieir liltli year. 

h. It is well known tliat tlie male seal may become a ball (sekati'li) in 
liis sixtii, bnt not eailier tinin bis Hftli year. C'an it be said, tben, that 
tiie females bear before tlieir fourth year* 

c. If the nnile seal cannot become a bull befoie his fifth year, then, 
sin«'e according' to JJuttbn's opinion an aninnil may live seven times as 
liiMj;- as tlie time which is reijuired for it to reach com]»lete maturity, the 
male seal may live at least thirty years and the female at least twenty- 
eiffht years. ^ 

Taking Buffbn's opinion as a basis, and emjjloying the converse rea- 
soning;, it follows that an aninuil does not arrive at complete maturity 
(and, consequently, cannot procreate his species) until lie has com- 
l)lete<l the seventh ])art of his life. It follows also that the female seal 
cannot l>ear before her fourth year. 

Tliere is, therefore, no doubt that the female seals do not begin to 
bear earlier than their (ifth year, that is, at the <'xi)i ration of four years 
of their life, and not in their third or fourth year. It may be admitted, 
of course, tliat some females have young as eaily as their fourth year, 
but this is the exception, not the rule. In order to be more thoroughly 
convinced of the fa<!t that the cows cannot bear in their third jear, it 
is only necessary to glance at the two year old female, and compare her 
with the bull and the mothers, and every one will then saj' that it is 
iini)ossible. 

Do the cows bear every year? And how many times do they bear 
in the course of their life? It is very diflicult to decide tlu'se questions, 
because it is impossible to make any investigations on the subject, but 
it is thought that the cows bear annually during theii' ;^'arly years, and 
every other year when they grow older. Consequently they may have, 
under ordinary circumstances, fnmi teu to tiftoen pups in the whole 
course of their lives, and even more. This o]»inion is based upon the 
fact that (excepting one year, 1832) no very great number of cows ha? 
ever been seen without pui)s; but it cannot be said that unpregnant 
females never visit the Pribiloff Islands, because such are seen there 
every year. As to the number of cows which have no pups, it may be 
assumed with ceitainty, according to the opinion and the ocular obser- 
vation of the old inhabitants, that not more than one lifth of the cows 
tl ut are seen are barren. Still, in ordi'r not to lead others as well as 
myself into error in my estimates of the increase of the seals, I esti 
mate a third (as barren). 

There is one more qjiestion which is very important in estimating the 
increase of the seals, viz: Of the number of seals born in one year, how 
many are males? And is the number of females always equal to the 
number of males? 

Judging by the bachelors which accumulated during the dose-times, 
that is to say, in 1822, 1823, 1824, on St. Paul,and in 182G-'27on St.(Jeorge 
it is evident that the number of bachelors was veiy variable; for in. 

'This opinion is corroborated by the obsi-rv.itions of the old inhabitants, and par- 
ticuhuly that of ono of tlie best crcoIcs, SbaynKhiiikotf', who, on his arrival ;it the 
ishmd of 8t. Paul in 1817 uoticod ont; young bull (reco<jni/.able by his bald liead), 
who at that time already had a hirjjo herd of cows, equal in number to those kept 
by Ihe vifjorons old bulls. It must, therefore, be l)elit!ved that this malo became a 
bull more than live years previous to that time, and that, foiisf!(|ueutly, he was then 
nu)re than ten years old. and this bull \isited tlie. island of St. Paul re^jularly every 
ycnr until 1832, i. c, tor litteen years loujfer. and always oecupitd one anil the same 
bpot, and it is only in reient years that they have noticed that the number of his 
cow^ was ^rowiu^ less uud less, 



even in 

iitcli) ill 
en, that 

ir, then, 
inios as 
lity, the 
twenty- 

LMse rea- 
naturity 
iis coni- 
n ale seal 

begin to 
ur years 
(Iniitted. 
■th year, 
oroughly 
1 year, it 
pare her 
hat it is 

hey bear 

uestions. 

)ject, but 

ears, and 

lay have, 

he whole 

upon the 

(»ws ha? 

negnant 

\eu there 

t may be 

ir obser- 

he cows 

3 well as 

is, I esti 

itingthe 
[ear, how 
lal to the 

e-times, 

■ George 

for in. 



VEXIAMINOFP. 



207 



I, and p.iT- 
ival at the 
ikl liead), 
[hose kept 
beeaiue a 
was then 
Jarly every 
It the saino 
Iber of hia 



shineojon the islaii'l of St. Paul 11,000 seuls weresparod for three years, 
and ill the following three, ye irs 7,000 bachclois were killed there, t. e., 
almost two-thirds of the miiLber which had been sj)ared; and, on the 
other hand, from 8,500 seals which had been spared for two years on 
St. George, less than .'{,000 were obtained, i. e., little more than a third. 
What is the cause of this varrition? Is it because in some years more 
bachelors or males are born t'laii in others? Or are there years in 
which many cows have no pnps? Both [suppositious] are jirobably 
true. 

I therefore, in accordance with the opinion of the hunters, estimate 
that of the number of seals born in one year half are males and half are 
females. 

In proof of the many facts with regard to seals related above. Table 
No. 1 is hereto annexed, giving the number of seals killed on the 
I'ribilof Islands from 1817 to 1838, From this table it appears that — 

1. There was not one ordinary year in which the number of the seals 
killed equaled the number in preceding years; it was continually grow- 
ing less and less. 

2. The decrease of the seals is not uniform; sometimes it is a six- 
teenth, sometimes a tenth, sometimes a lifth, and even two-sevenths, 
but, on an average, an eighth. 

3. Hence, under the ordinary course of the killing, within less than 
lifteen years the whole seal species may be exterminated. 

4. The least decrease is usually at a time wlien there was a less 
number of bachelors than in the preceding years {i. c, when the young 
seals were not entirely destroyed), and the greatest decrease occurred 
when the number of bachelors hatl been less. 

5. The number of bachelors is the true measure or criterion of the 
actujil number of seals; in other words, if the bachelors increase iu 
numbers, the young females, also, increase, and vice versa. 

G. The bachelors se])arate from the herd, and assemble in herds apart, 
not earlier than in their third year, as was seen by the close-times on 
the islands of St. Paul and St. George (1822, 1823, 1824, 1835, 1830, 1837, 
and 1826-'27). 

7. The decrease of the number of seals on the island of St. George 
alter a close-time of two years (182G-'27), continued for two years and 
steadily at the rate of one-fifth. 

8. In the fifth year after the first close-time, the decrease maj'^ be re- 
garded as having ceased; in the sixth year there was an increase of a 
twelfth, and in the seventh year of one-seventh, and subsequently the 
number of seals remained almost the same for three years. 

9. If no close-time had been observed on St. George in 1826-'27, 
then, assuming the decrease as only an eighth (see sec. 2), not a single 
seal would have been left ou St. George by 1840 or 1842, as apjjears by 
the following table : 



Tear. 


Seals. 1 


Year. 


Seals. 


Tear. 


Seals. ' 

1 


Year. 


Stills. 


1S25 


5. ,50U 


1829 


2,408 
2, l{)i» 
1. WW 


1833 


1, 3G() 
1, 19(1 
1 IIKI 


18:17 


700 


IS'JO 


4.4(111 

2.St(i 

1 


ih:io 


is:u 


I8;i8 


580 


1'>-J7 


1831 


is;!."! 


1839 


500 


1.--J8 


1832 


1,554 IR-'tfl 8.-1(1 


1840 


400 










i 







: !i 

i 



The decrease in recent years, however, must be estimated at more 
than oue-ttfth, because the smaller the herd the fewer the bulls, 



298 



EXTRACTS FROM VARIOUS PUHLICATIONS. 



i 



i> 






P 



If PI 



g 






m 



ir.^' 



that is to say, the inotectors of the licnl, and consequently so nincli tlie 
more quickly would the oiks externiinato them. 

10. JJence a close-time of two years preserved the seal species for 
more than ten years, and the loss suft'ered by the company during' tiic 
ch>se-times (abcmt H,500) was far more than repaid; and the more so 
as, if the company had not observed a close-time in ISiMJ and 1H27 it 
Avould not have procured more than li4,(HM) fnnn l.S2(J to IHDH, i. c., 
in twelve years; but by having- a close-time for only two years it 
procured 31,570 sealskins in ten years, and moreover may get more than 
15,000 more without any close time. 

11. Thus, if so insignificant a number of seals si)ared on St. (leorgr 
(about 8,500), and for so short a time, to wit, two years, yielded so large 
a profit, namely, three times as many as the nund)er si^ared, how great 
would be the profits resulting from the recent ])olicy of theboaid ol 
administration of the company on the island of St. Paul, where there 
has abeady been a close-time for four years, and where more than 
30,000 seals have been spared for bree<ling purposes u]) to thistime. 

If not for the sake of c()mi)arisoii, at least as a matter of interest, 1 
present here a table of the increase of the seals for fifteen years, from 
7,000 spared on the island of St. Paul in 1635. (See Table 2.)' 

By order of the board of administration a close-time, or sparing, was 
observed on the islandof St. Paul, for all the seals in excess of 12,700; i. e., 
in the preceding year, 1834, 12,700 seals were killed there, and in the fol 
lowing year, 1835, if there had been no ch»se-time, not more than 12,200 
would have been procured from the whole islaiul under ordimiry cir- 
cumstances, estimating the decrease at only one twenty-fifth; but in 
that year instead of 12,200 only 4,052 seals were killed; coiise«iuently 
8,148 seals, including males and fenmles, were left for breeding in J.S,')."). 

In drawing up the tables of the increase of the seals, however, 1 
assume the decrease as the average one, that is, one eighth ; and it then 
follows that the number of seals spared will not be less than 7,0(iO. 

In the number of 7,0(50 seals, we estimate 3,000 fcnuiles, that is, a few 
more than the number of males. 

I estimated that one-half of the new cows born during the close-time 
would have young in the first year following and two thirds every year 
subsequently. 

The females must decrease in numbers from natural causes at tiie 
expiration of twelve years from the time of their first having ycmng: 
i. €., at the end of eighteen years of their life, and at the end of the twen- 
tieth year of their life they would be entirely useless for breeding pur 
poses. 

Half of the young seals born at the expiration of four years after the 
close-time, and subsequently are assumed to be fenuiles, and this nuin 
ber is inserted in the table and the males or bachelors are added to the 
total. 

It will be seen from the second table that — 

1. The old cows — that is, those which were able to have young in 
1835 — must become extinct by 1850 (assuming the decrease at one-eighth 
annually). 

2. During the first four years after the close time, i. e., until the new 
cows begin to bear, their number will usually diminish. 

3. A number of seals equal to the number spared will be obtained at 
the expiration of six years; double that number not before the expira- 
tion of twelve years; treble that number at the end of fourteen years, 

^]for tables, sec tho original publicatiou. 



iiiieli tlio 

iccios I'or 
iv'iUii the 

moie so 
1 IS'JT it 
S-'iS, ■/. e., 

ycjiis it 
loretliiiii 

;. Cieoifi*' 
L solaijic 
ow great 
board ol 
ere tliere 
ore than 
s'tinie. 
ntevest, I 
ars, tVoiii 

riiijJT, was 
,700; i.e., 
in the fol- 
au 1L>,L'00 
iiiary cir- 
li; but in 
sequently 
<; in J ISS."), 
()\vever, I 
1(1 it then 

OdO. 

is, a few 

ose-tinu' 
•ery year 

^es at the 
o- youiifi'; 
the tweu- 
ding i»iir 

after the 
this nuiii 
ed to the 



yonng m 
ne-eightli 

1 the new 

itained at 
16 expira- 
icu years, 



wm 



VENIAMINOFP. 



299 



and at the ox)nration of (lfte«Mi years of sparlnpthe seals 24.000 may be 
taken the lirst year. 28,000 the seeond, :{2,(M)0 the third, ;U»,000 the 
limrtli. 41, (MKMhe fifth; more than 100,000 in the the years. Hence, 
with eeononii(;al management, that is, .spai'ing one-tiftli of the seals, 
.{2,000 may be taken every year jiermanently, or, at h'sast, for a very 
hmg time. 

4. I n addition, during the fifteen years of the sparing (»0,000 or 70,000 
bu<dielors may be taken, making a total of 2.'10.(MM). 

5. If tliere should be no sparing, the Avlude seal sju'cies would be ex- 
tinet forever at the exitiration of fifteen years, and during all that time 
it would not be j)ossible. using everv exerthm, to proeure mcue than 
r>0,000 seals. 

Jt must be said here that the most moderate estimate's have been 
made in the table as to the increase of the seals and the decrease of the 
cows has been tak^ni at the average rate. Moreover, on the island of 
St. Paul, in isao and 1837, instead of 7,000 seals, only 4,800 were killed 
in 183(» and 18.'{7, and (!onsequeutly 1,500 cows were spared there iu 
two years, which were not taken into account in drawing up the table, 
and wiiich may yield a very large increase. 

Jn contirmation of the estimates with regard to the increase of the 
seals on the island of kSt. Paul I annex a table of the increase of the 
seals which were spared on the island of St. George in 1820 and 1827, 
based ujion the same reasoning as the preceding, whicli shows plainly 
that my estimates were very near the truth. (See Table Ko. H), 



it 




' 



M-^ 



if 






I 






of 

y< 
i» 

to 
ro 
Tl 
l»v 
M 
wj 



MATTER RELATING TO OWNERSHIP OF CERTAIN SEALING 
VESSELS SEIZED BY THE UNITED STATES. 



extracts from notes made at the trial of the case of 
warren vs. boscowitz and cooper. 

in the supreme court of hritisii col.umbia. 

Between Hannah Warren, plaintiff, and Joseph Boscowitz 
AND T. 11. Cooper, defendant. 

r, Harvey Combo, deputy rejxistrar of tlie supreme court of Britisli 
Columbiii, do !< jreby certify that the paper writinj; hereunto annexed 
and marked with the letter A, and containing five pages, each res])ec- 
tively bearing my signature, is a true and correct copy of extracts made 
from the transcript of tlie official sliorthand notes taken at tlie trial in 
the above suit. 

Witness my hand and seal of the said supreme court of British Co- 
lumbia this 27th day of Sei)tember, A. D. 1889. 

[seal.] IIauvey Combe, 

Deputy Rvyistrar. 
A. 



IN THE SUPREME COURT OF BRITISH COLUMBIA. 

(Before chief justice and special jury.) 

June 4th, 18S9. 

Hannah Warren m. Joseph Boscowitz and T. H. Cooper. 
Mr. W. J. Taylor for the claimant, Hannah Warren j Mr. Theodore 
Davie, Q. C, for the deft., Boscowitz. 

(FIRST DAY.) 

George E. Munro, under cross examination by Mr. T. Davie: 

850. (J. Come over and shew the jury exactly what this is made up 
of. Kemembcr tluit Mrs. Warren had nothing to do with the sealers; 
yet she takes credit for this $r)()4.40. — A. Mr. Boscowitz should have 
paid for it. I charged it n]> t(» the Grace and gave Mr. Boscowitz credit 
for it. These boats are supposed to be owned by Mrs. Hannah War- 
ren. That is one of the items — there is the Dolphin^s chronometer. 
That was charged in the general books which they had no business to 
l>ut in here. It was charged here, but should have been charged in 
i\Ir. Boscowitz' sealing books. Afterwards, to keep a correct iiccount 
with the sealiiig schooners, I afterwards brought it into these books. 

SOI 



i*. 



302 



OWNERSHIP OF CEUTAIN SEALING VESSELS. 



I {rave Mr. Boscowitz cretlit for $504.40, winch lie su'tiiiilly never paid 
out. It was Journalized; the steamer B^>'f^ara lioscoicitz money jui id 
that out. 1 grave him credit for it, and eharfjed him as you will iind in 
these books, and it is charged there to Joseph IJoscowitz and credited 
to Boscowit/ in these books, and there is the entry. Here is the Bos- 
cowitz acc(mnt in the sealing ledger; tl:ere is the whole $.504.40 which 
Mr. Boscowitz is credited with, and the different schooners are charged 
with it. There is the entry. 

8.57. Q. Now, wliereare the books of .T. 1). Warren & Co. where those 
things are charged? — A. Well, I guess that is the cash book. That is 
the winding up of the sealing business. He owed the sealing business 
$22,000.00. That is what they made out of it. 

858. Q. And that balance was divided between them? — A. That 
balance was (livi<led between them, but it never appeared on the 
books. That is what brings the balance down. 



|i!iV,i: 



1:.:,! 



m\ 



.irr 

P 




f'/: 


I > 




i\ 


1 ^ 


\ 1 


! 


! 






(second dat.) 

June Sth, 1889. 
Georoe E. Munro, under cross-examination by Mr. T. Davie ; 
920. Q. There is nothing in Mr. Bales' account subsequent to this 
account marked H, 1. Mr. Bales' account oidy makes up the balancu', 
$47,274.02, with which both accounts start. So, you see, there is the 
whole account. Now, [ want you to give me an answer. The quescion 
I Just asked ycm was, how is it that the combined balance of Mrs. and 
(.'apt. Warren's accounts amoutits to the identical sum which is shewn 
in " II" 1, which Capt. Warren's amounts to? I want to know if you 
can make it out by any of the books which you have shewn ? — A. There 
are some of those items you have got that don't appear on the books. 

930. Q. Where do they appear?— A. Well, there is that $17,(»00.0(», 
that appears in the account and not in the books, to the best of my 
knowledge. 

931. Q. You took that from some book, some account? — A. Not 
necessarily. Well, these accounts was divided up between Capt. 
Warren and Mr. Boscowitz. 

932. Q. You refer to the amount of $17,980.95?— A. Yes. 

933. Q. That was divided up between Capt. Warren an<I Mr. Bor.^'o 
witz? — A. That was divided up between Capt. Warren and Mr. Bosco 
wilz. 

934. Q. That amount was the net gain, was it not, of the sealing sea- 
son of 188(»? — A. It was. 

9.35. Q. Capt. Warren took half and Mr. Boscowitz took half. I 
quite understand that, but does that fact account for this account ? — A. 
That item is right here. 



(THIRD DAY.) 

Georoe E. Munro, under rrossexamination by r>rr. Ha vie: 

1058. Q. That is all I wanted to know. $3,200.00 out of $ 14,104 .0(t 

leaves $10,904.00, which was paid to him in cash and the first aniount 

l)aid by him on account of the sealers. Can you tell us by looking at 

the books how nuich money Mr. Boscowitz during the year of 188(> put 



WAUKEN VS. BOSCOWITZ AND COOPER. 



303 



into tlio sealers? — A. Somewhere about between j^40,000.00 and 
$."»(),()( )().<»0. 

lOoO. Q. TTow nuicli do you make it here? — A. That is not exact; 
tliat is rough, to the best of my knowledge. 

1000. Q. l>oes that include tlie " B. Boscowitz" balance of $3,200.00!— 
A, ies: it does. 

1001. Q. Where is it-?— A. (Pointing.) There it is. 

1062. Q. Well, it was $48,103.00?— A. That is only rough. It is 
between $40,000.00 and $00,000.00. 

1003. Q. Whfit money di«l Capt. Warren put in that year ; anything ? — 
A. I don't think so. 

1004. Q. Well, whether it was $50,000.00 or $00,000.00? 
Witness. $40,000.00 or $50,000.00. 

1005. Q. Well, you call it $40,000.00 or $50,000.00. I think I shall 
shew you presently it was $00,000.00. But whatever it was it was all 
put in by Mr. IJoscowitz. The net profit was how much? — A. 
$17,08(^95. 

1000. Q. And was not that divided equally between Capt. Warren 
and Mr. Boscowitz ? — A. 1 believe that was the understanding. 

1007. Q. Well, you believe that was done? — A. It does not appear on 
the books anywhere. 

Court. He nmy say that, but is not that the very same amount we 
iiad on the books which did a])pear? 
.VViTNicss. No, my lord; it does not appear on the books. 

1008. Mr. Davie. Well, does it not appear on the accounts? — A. I 
believe it does on the accounts. 

1000. Q. Which you drew up yourself? — A. Yes. 
Court. Tlie books may not include all the accounts between the par- 
ties. 

1070. Mr. Davie. However, they were included in the accounts, and 
were divided between both of them? — A. Yes. 

1071. Q. So Mr. Boscowitz put in all the money for that arrangement, 
nnd divided the profits with Capt. Warren? — A. Capt. Warren put in 
the schooners. 

1072. Q. Well, he was paid for them. Were not the schooners char- 
tered at $200.00 a month? — A. There was a cluirter party with Grif- 
lithsbetweeii them. 

1073. Q. (rrilTiths had nothiMg to do with them? — A. Griffiths was 
tlie assignee of (.'ape. Warren's estate. 

1074. Q. And wap :t not a fact that Mr. Boscowitz chartered these 
iVom Griillths, a d ].«aid the money for them — $200.00? — A. I believe 
thcie was a charter party. 

1075. Q. Then it is not cruo, as you said just now, that Capt. War- 
ren i)nt in the ;-ichooners? — A. I never said it in any way. It is a 
sirann' ihi'sg Mr. Boscowitz would pay him $8,000.00 or $0,000.00 if he 
(li<ln't. 

1070. Q. >V;js it not a fact t' at I^Ir. Boscowitz. did pay the charter 
"•loney for tlies ^ schooners at the rate of $200.00 a nu)nth? — A. I don't 
.now who paiu it. 

1077. Q. You know that it was charged in the account to Mr. Bosco- 
witz. Hid he jiot i)ay it? Tell us what sum thej'' were chartered at a 
nionth? — A. I am just looking for it. I don't think the amounts — 
tlicy are not put down here. 

1078. Q. But it is a fact that they were charged by Griffiths, the 
assignee? 

Mr. Taylor. The charter party speaks for itself. 



i:[: 



i^ 



i 



II 



304 



OWNERSHIP OF CERTAIN SEALING VESSELS. 



1079. Mr. Davik. Besides that, wsis it not a fact tliat Mr. Boscowitz 
was allowing SlOO.OO a month to Capt. Warren besides half of the 
profits? — A, Well, I don't know that .^[r. Boscowitz allowed it. I be- 
lieve I put it down and had a row over it with Mr, IJo.seowitz. 

******* 

1115. Q. You might tell me this before I sit down. This account 
" K " shews the balance of profit to be $22,140.20. How is that reduced 
to $17,000.00 ? You can Just give us that by the books. — A. There was 
a loss on the Thornton of $4,001.48; that is, the '■' Thornton^^ sailed for 
the Bchring Sea and never returned. 

Harvey Combe, 
Bep. Reg. Sup. Ct. B. C. 



EXTRACTS FROM THE EVIDENCE IN THE CASES OF VB^ARRBN vs. 
BOSCOWITZ ET ALIOS AND BOSCOWITZ vs. WARREN ET AL., IN 
THE SUPREME COURT OF BRITISH COLUMBIA.' 



1 M 



VM 



\\..h 

m 



% 

i 'A 



1 .■», 



As to the interest Joseph Boscowitz had in the sealing business 
carried on between him and J. D. Wari'en, from the port of Vj toi' 
B. C, for a number of years, beginning in 1868, and with ocoo- i.;m 
interruptions of a year or more, continuing up to 1887, the fullo'vinr: 
evidence appears in a trial in the supreme court of British Columbia 
before the chief justice and a special jury, Mrs. Hannah Warren, wffe 
of J. I). Warren, being plaintiff, and Joseph Boscowitz and T. II. 
Cooper being inter-pleaders. The court opened June 4th, 1889. 

The evidence given by the witnesses shewed this general busines.s 
relation : 

Tliat sealing schooners were obtained by Warren either by building 
tlu-m or by purchase from other parties for him by Boscowitz; that 
Warien supervised the fitting out of these vessels for sealing, super 
vised the running of the vessels, and the return of the sealskins to the 
port of Victoria. Boscowitz furnished the money to fit out and pro 
vision the schooners and, in connection with his general fur business, 
sold the sealskins either in Victoria, San Francisco, New York, or Lon- 
don. After taking out all expenses the profits were divided equally. 

About 1884 or 1886 Warren became bankrupt, and to keep the 
schooners out of the hands of his creditors they were sold, nominally, 
to T. H. Cooper, his brother-in law, who lived in San Francisco, Bos 
cowitz taking mortgages on them to secure his interests in the sealin;^' 
industry. These mortgages were up to the lull value of the vessels. 
The business and all its aj)purtenances, schooners, etc., at this date, 
practically belonged to Boscowitz. 

On page 8 of the reported evidence the following statement appeals: 

" Mr. Taylor asks for production of bill of sale and mortgage referred 
to by Mrs. Hannah Warren in her alTt. of production, and also in the 
notice to produce, stating that .at the time a receiver was first appointed 
it was attached as an exhibit to an afhdavii. Mr, Davie hands it to 
Mr. Taylor, asking the court to note tlie fact, stating the date of tlie 
documents to be 20th Fby., 1886, on which: 'I, Joseph Boscowitz, now 
residing in the city of Victoria, under and by virtue of an indenture of 
mortgage dated thedth Feb'y,1884, and registered thelhd March, 1881, 
for securing payment for the sum of $1.">,0(K», with i"*^erest, and an indcn 
ture of mortgage dated the 8th July, 1884, and r ^gistcici] !lic saiiu 






•IncloacU iu Cousul Moyoi's ilif*pii*<'I) N.i, i-J7. 



WARREN VS. BOSCOWITZ El' AL. 



305 



oscowitz 
If of tho 

it. 1 be- 



1 account 
} reduced 
here was 
sailed for 

t. B. C. 



RRBN vs. 
T AL., IN 



business 

Vi-tor!:', 

follows iug 

Columbia 

,rreii, "vvrfe 

Eind T. H. 

89. 

I business 

Y buildiuj; 
witz; that 
ng, super 
:ius to tlu! 
and pro- 
business, 
k, or Loii- 
equally. 
keep the 
lominally, 
tisco, Bos- 
le sealinji" 
lie vessels. 
this date, 

appears : 

Jje referred 
[iso in the 
[appointed 
lands it to 
ite of the 
hvitz, now 
llenture of 
uch, 1881, 
aninden 
the saiiif 



date, and for securing payment of the sum of $15,000.00 and interest, 



etc 



1 n 



"Court. He liad two mortgages on the same steamer? 
" Mr. Davie. Yes; two for $15,000.00 each; $;iO,000.00 in all." 
To shew how the business was run, Geo. 13. Munro, book keeper for 
J. D. Warren, testified as follows (page 02 of the record): 

Gko. E. MUNiio, direct. 

" Q. Well, now, of that 13 or 14 or more tlioustiiid dollars of the not 
earnings of that summer that you received, what did you do with 
them'?— A. That is, in 1886? 

" Q. Yes. — A. Well, some of it was banked. 

"Q. Who got it from the bank; do you know? — A. Well, Mr. Bos- 
cowitz got some of it. 

"Q. Do you know how much? — A. Well, I gave him a cheque per- 
sonally for $1,128.43. 

" Q. What were the items of the other ones ? — A. Another amount 
to Capt. Williams. $000.00. 

" Q. That iii Uie master mariner in command? — A. The captain of 
the boat. 

"Q. And the balance? — A. Was paid to JosepL Boscowitz. 

"Q. Whom did you give that $1,128.42 to?-A. To Mr. Boscowitz 
personally. I gave one cheque, the first one, to Capt Williams, $000.00, 
and the second <!heque to Mr, Boscowitz of $1,128.42. 

" Q. What did you do with the balance of the money? — A. Well, the 
l)iilaiu'e of the money was disbursed for the steamer, and what was over 
w cut to Mr. Boscowitz personally, or went into the ofllce for his busi- 
ness. 

"Q. After the running expenses of the Barbara Boscowitz were paid 
he received the balance personally, or it was put in his business ? — A. In 
the sealing business. 

" Q. What was the amount he received, either personally or that 
went into the sealing business? — A. About $14,104.84. That was paid 
to Mr. Boscowitz personally or by his order for the sealing business." 

On page 78 of the record, the same witness, the tbllowing appears. 
George E. Munro (cross-examiiiationl: 

'To witness.) Was not that $41,000.00 the settled balance between 
■ /;: t. Warren aiul Mr. Boscowitz when Mr. Bosc^owitz left for England 
I ihti 25th October, 1880, which was when he left, was it not? — A. I 
i 'Uevi-. so. 

\i>.. Was not the settled balance about $41,000.00?— A. Still, it does 
not appear any place. 

•' Q. But does it not appear from these accounts which you have 
sliewn? — A. In lead ]»eiicil it does. 

"(). Well, the settled balance here ap])ears of the two accounts to 
he .'«i;i5,000.00— $;«,000.(M) on the one and $1,700.00 and something on 
tlicolher, making $35,000.00 and some fractions in all. Add to that 
!^:..r.;j0.00 (?) and somethiurr. "'.akes it altogether $41,000.0(>. Now, is 
it not a fact that mortgages were given at that time on the difi'erent 
Mssels for $41,000.00 f I wi'l .just remind yon of it. Were not these 
noityagej-i given at the tinui that Mr. Uoscowitz left lor liingland, 
•\lii('li you say was the 25th Oct., to secnr(^ this by ('ooper? On the 
H'lrham Boncoicit:: $20,000.00, on the Hnxr $0,(K)0.00, on the />o//)/*/» 
xl.nOO.OO, on the Auiki /;*«•/.• $5,000.0(». nu the ir. J'. ISoyiranl $2,500 00, 
on the /L/^s7 /<'/•, making in all $41,000.00? — A. Well, if you show me 
rlic hooks 1 will tell Vdil.'' 

12304 20 



306 



OWNERSHIP OF CERTAIN SEALING VESSELS. 



? ^1 






The witness did not answer, but referred to the books he had kept 
for Warren, which were sent for, and the facts substantially brought 
out. 

In the supreme court of British Columbia, before Sir. M. B. Begbi(>, 
C. J., December 9, 1890, Hannah Warren, plaintift", vs. Jose])h Bos- 
cowitz and Thomas Henry Cooi)er, defendants, Joseph Boscowitz te.sti- 
tied as follows as to the ownership of the schooners used in seal-catch- 
ing (pp. li-i and 25 of the court record) : 

Joseph Boscowitz (cross-examination): 

" Q. In 1880, you say, the charter money was paid to Grifliths, the as 
signee? — A. I think he got $350.00 — something like that — after deduct 
ing the outfit of the vessels. It is in the account. I think there was 
$350.00 given to him. The account will shew it — 188(5. 

" Q. Do you recollect how much it cost to outtit those vessels ? — A. The 
charter? No; I cannot tell without going to the books. I have never 
looked into these things; never paid any attention. 

'' Q. Yo!. ■: f'ited the vessels as Warren's that year, too? — A. I don't 
know Avheta* y were his or not. They could not have been his, 

because they v in the hands of the receiver. I was virtually owikm 
of them. They cuuld not take mortgages from me, but this man was 
appointed assignee, and I thought it better to charter the vessels than 
have them sold. At that time a schooner was worth nothing. 

" Q. Was that what you agreed to do — carry his property? — A. No: 
I didn't. 

"Q. Never? — A. No, never; not to carry his schooners. Why, tliost^ 
schooners were mortgaged to me for $12,000.00, put up at auction, and 
could not get $2,500.00 bid on them. 

"Court. Not on the whole thing, do you mean?" 

"A. No, sir; not in 1886. The sealing business had gone down to 
nothing. That is the first year they went into the Behring Sea. I think 
I oiiered them in 1885 — yes, 1885 — but could get nothing for them." 

The same Avitness, still in cross-examination, says, on page 26 of tli<i 
record, as to the loss of the schooner Kuatler, the insurance on her, and 
Warren's manner of making accounts, that: 

Joseph Boscowitz (cross-examination): 

"Q. As a matter of fact, you did not get the insurance on that ao 
couut? — A. Not at all. Capt. Warren wrote to me in a letter that Iio, 
had swelled it all he could, because he thought the underwriters would 
not pay it; but the cargo was insured for 1,000 pounds. You have no 
trouble about getting it. There are the bills there. Nineteen hunditd 
was for store aiicount. He made it as large as he could." 

And on page 27 this question Jirid answer: 

" Q. Yo» got all the insurance? — A. The cai-go is credited to the scal- 
ing account luid the hull is credited direct. 1 held the mortgage ior 
$1,500.00 on the hull, and he got the benefit of $1,000.00. 

"(^. You say that Ca])t. Warren swelled this account? — A. Yes; I 
ha\o got the letter to shew it. 

"Q. Do you recollect the time the Barbara Boscoicitz fell off tlie 
ways ? — A. Yes ; to my sorrow. 

"Q. Do you recollect the directions you gave him? — A. Yes; 1 told 
him to abandcHi her. The underwriters told him that. 

"Q. Do you recollect telling him to swell this account? — A. Not to 
my km)w]edge. He swelled it to $12,000.00 and only got $6,000.00. it 
was for his own protection if 1 did. I knew that ho could not get 
more than half of his insurance." 



wari:en vs. boscowitz et al. 



307 



li 



had kept 

r brought 

i. Begbio, 
eph Bos- 
ivitz testi- 
eal-catcli- 



hs, the as- 
L'l" deduct 
Lhere was 

?— A. The 

lavo never 

A. I don't 
been his, 
ally owner 
s man was 
issels than 

"l— A. No; 

Why, those 
ictiou, and 



e down to 

I think 

them." 

e 2(i of th<! 

n\ her, and 



i\\ that ac- 

(T that lie 

tei's wonld 

ou have w> 

m huudied 



to the seal- 
jrtgage lor 

-A. Yes; I 

fell off tlie 



:es; 



1 told 



-A. Not to 

looo.oo. It 
lid not get 



Court adjourned until December 12th, 1890. Court resumed Decem- 
ber IL'th, 1.S90, and folh)wlng record made, page 28: 

JosEPn Boscowitz (cross examination — continued) : 

"Q. A])out the i)utting in of those claims — you remember in 1887 
when these schooners came back iVom seizure — when were the tirst 
clainis nuide against the United States Government, and where? — A. 
1 think liiey were made up here. 

"Q. Do you remember anything about those claims? — A. I don't 
re(;ollect very nmch about it. Capt. Warren, 1 think, and some of the 
other sealers got together and made them up. 

''Q. Did you ever see the claims? — A. I think I did. 

"Q. You say that Warren and some of the sealers got together and 
made them up? — A. I thiidc that is the way it was done, and he went 
forward with them to Ottawa. 

"Q. Are you sure about that? — A. Yes; pretty certain. 

"Q. Did Capt. AVarreu take the claims to Ottawa? — A. Yes. 

"Q. They were made up here? — A. Yes. 

" Q. We will go back to these claims — the Grace the Dolphin, the 
Sayic lu^ and Anna Beck — they were in 1887? — A. Yes. 

" '^. You saw those clainis here after they were made up? — A. Yes. 

' Q. Were they made up simply in your name? — A. Noj simiily a 
UK inorandum. 1 think I have got the memorandum of it. 

" Q. Do you luiow in whose naiue they were preferred? — A. I heard 
that when Capt. Warreu returned 

" Q. I am uot talking about other claims. — A. No; I told him they 
should be put forward in my name. 

" Q. Didn't you see these first claims before they went forward to 
Ottawa? — A. Simply a memorandum. 

" Q. You swear you did not have the claims and made them up your- 
Bolf?— A. I think so. 

"Q. Those are the first set of claims that w^ent, your lordshii). The 
revision of these claims came afterwards? 

Witness. Yes ; Capt. Warren took them on, I think. 

" Q. I think you are wrong about that. — A. I don't recollect, but I 
think he went on Avith them. 

"Q. Anyway, he went onto Ottawa? — A. Yes. 

"Q. To revise those claims? — A. Well, we supposed they were made 
out perfectly ; and when he got there — I think he went on to New York 
iiiid had a lawyer and revised them there, and then he went back to 
Ottawa — and I thought you had something to do with that. 

''Q. You don't reniend)er so very much about the claim that went in 
at tirst? — A. I think I iiave just got a memorandum in Capt. Warren's 
handwriting of eacii schooner. 

"Q. Hadn't you those claims made out in the name of the registered 
owner? — A. No, never; he had no interest in them. 

" Q. You have also sworn that you paid Capt. Warren's expenses to 
Ottawa? — A. Y'"e.s, I gave him money. 

''Q. Did you charge it to him? — A. I think it is charged. 

"Q. Tiiat is the way you paid it? — A. Charged it to the sealing ac- 
«(.unt— $650.00 to New York— SOoO.OO to New York, and 1 gave him the 
iiiuney to go with, and then when he <!ame back there was a divivsion 
among all the sealers, and each one paid his proportion in cash. 

'*<i. But the money you advanced him to go there you charged 
liiiii f — A. I did, and he has got credit for it in his account— the sealing 
uccouut. 



j! '4i- 



If. 
ill- 






I'! |f^ 

km- 



lit 



i 
I ) 

si '' 



I 



SiV 

.i 

I 

h 



308 



OWNERSHIP OF CERTAIN SEALING VESSELS. 



"Court. To the sealing account at once or to liini in the first in- 
stance? — A. I charged it to him, and tlien it went back to the sealing 
account again. 

"Mr. Belyea. I think you stated the day before yesterday that what- 
ever the arrangement was in 1881, as to the carrying on of this sealing 
business, was carried right througii? — A. I think so — never but one. 

"Q. Will yoii state what that was? — A. lie was to liave lialf proUts. 

"Q. Anything else? — A. I was to stand all the losses. 

"Q. Anything else? — A. No, nothing else; there is nothing else to 
be said." 

On the point of ownership of the schooners JJoskowii/i testified, in 
cross-examination, as follows, commencing on page 47 of tlie record: 

"Q. You held mortgages on these schooners, tlien? — A. 1 did. 

" Q. In the fall of 1880 you sold those schooners under the mort- 
gages? — A. I think so. 

"(J. Did you realize any cash from the sales? — A. No. 

"Q. Not a cent?— A. No. 

"Q. Did you expect to realize when you sold them? — A. In ISSO? 
I did not want to sell them — Capt. Warren did not want them sold — 
simply a transfer to himself — to his brother in-law. I do not know thiit 
there were any bidders for it. 1 don't recollect that sale very much. 

"Q. You sold under the mortgage? — A. Yes: I think so. 

"Q. You did not realize any cash? — A. No. 

"Q. You simply turned round and took other mortgages Irom A. 

Front Cooper at Capt. Warren's recpiest. 

" Q. How did Capt. Warren get control of them, then? — A. He ^?as 
o:dy manager. 

"Q. For whom? — A. For Cooper. 

" Q. As manager for Cooper, hehad control of the vessels? — A. Cnjit. 
Warren — he had control of them — did as he liked with them; he wa.s 
the owner — the virtual owner. 

"Q. Subject to your mortgages? — A. Yes. 

" Q. And the next year they were put into the sealing business? — A. 
Yes." 

J. D. Warren assigned to J. W. Griffiths, and the schooners w ore 
afterward nominally sold to T. H. Cooper, as has been stated. On pjiuii 
()8 of the record J. D. Warren testitied as to the business arrangement 
with Boscowitz, as follows : 

J. D. Waruen, direct: 

" During the sealing season of 1885 did you and Mr. Boscowitz carry 
on the sealing business? — A. In 1885 we did. 

"On wMiat terms? — A. The siinie as usual. 

"Court. That is what you both say — what were the terms? — A. I 
was to ])ut in the schooners, Mr. Boscowitz was to put in the Ciisli 
against the schooners, buy seals, and go into the scaling business nii 
joint account. 

" Q. He was to put in cash against the schooners? — A. He was to 
put in all the cash necessary. I was to put in t\nt schooners. One w as 
against the other. We was to go into tiic business. 

" Mr. Belyea. Now, when you came into the sealing season of 18S(i, 
had you the vessels in your contiol? 

A. No. 

"Q. Who had the vessels?— A. J. W. Griffiths. 

"C^. What were tlie airangcmeiits lietween you and Mr. Boscowitz 
about the vessels foi' 1880? — A. Well, in tlie lirst place, Mr. Boscowitz, 



WARRKN VS. nOSCOWITZ ET AL. 



309 



first iii- 

livt what- 
8 sealinj;- 
nt one. 
Ifprolits. 



ig else to 



stified, ill 
record : 
lid. 
the moit- 



In ISSO? 
em S(»ld— 
know that 
y much. 



:om- 



-A. 



i. He \Ta> 



A. Capt. 
m; he was 



t 



incss?— A. 

)ners wi'ie 
On pauii 
anyeuK'iit 



)witz carry 



ms?— A. I 

the casii 

(usiness <'ii 

He was tit 

One was 

;on of l'S8ti, 



Boscowitz 
Boscowitz, 






whon I made the assignment he wiuited — he ^aid there wasn't any 
reason wiiy the business slu)uhl not be carried on in .Mis. Wai'ren's 
name and under his instructions, and get a set of books for them parties, 
but lie changed liis mind afterwards. We talked it over, and he said 
he had (H)me to tlie eoncbision he would carry it on in his own name — 
it w(mld be safer. Therefore then we started in 188(> we chartered the 
vessels froui Griffiths with the understanding it was to be on joint ac- 
count, the same as usual, and he had the thing and business done in his 
own name, and had a set of books, and instructed Munro, who went 
and got a set of books and started them for Mr. Boscowitz. > went 
sealing that season, and Mr. Boscowitz stayed here and attended to the 
business." 

Then, as to the manner in which the accounts were made up and pre- 
sented at Ottawa, the same witness testified as follows, commen<!ing on 
page 72 of the record : 

"Q. When the claims were made up this season in ISSfiand 1887 who 
made the first claims up; under wh(>se direction and where were they 
made up? — A. The claims in 188(5 was made up here — tho Thornton; 
1 am under the impression it was drawn from Drake and .lackson's; I 
would not be positive — I fancy so — and then sent by Mr. Boscowitz to 
[through?] Mr. Hamley to Ottawa. 

"Q. (Court.) It is not so much a questi(m by whose hand it was 
made — whose particular clerk, but by whose instructions? — A. IMr. 
Boscowitz and myself; we joined together in making up these things 
and also we used to have Munro, I don't know whether we did in 188G 
or not. I am pretty sure we nuist have. 

''Q. What was done? — A. As near as I remember, Mr. Boscowitz 
gave them to Mr. Handey to send to Ottawa. 

"(i. Then the statements he made, you took them, and sent them, 
and kei)t a copy? — A. At any rate, I took the rough copy in 18S7; the 
others was already sent t-o Ottawa. I took the rough copy with me 
down to New York, and Mr. Boscowitz's brother introduced me to a 
lawyer, and he nuide tyiie-writteu copies, and those are the copies, 
'i'hey were sent back; those were taken from the rough sketches that I 
took, that was prepared by myself and Mr. Boscowitz; and Mr. Munro, 
1 believe, he put them in shape for me; but the rough copies never was 
returned to me, and these were sent to me afterwards, but not used." 

(No exceptions taken to their being correct copies.) 

"Q. In 1887, when there were other claims to be made up, were they 
treated in the same way? — A. They were treated in the same way. 

"Q. The original claim was prepared here and sent to Ottawa 
through Mr. Ilandey? — A. Through Mr. Hamley, I believe; I don't 
think I had anything to do with giving them to ]\lr. Uamley. 

"Q. Yourself went to Ottawa in the fall of 1887?— A. Yes. 

^'Q. At whose instigation and why did you go? — A. Well, partly 
my own. We counselled together, myself and Mr. Boscowitz, and 
several other parties that had their vessels seized, and it was agi'eed 
lietween all of us that 1 should give any information there that they 
should require at Ottawa. We did not exi)ect to have make the claims 
over there when I left, but it was to give them any additional infornui- 
tion they n»ight require. 

" Q. To give the department of marine and fisheries any information 
they required? — A. To go over them and put them in different s]ia])e 
—different style. The Hon. Mr. Foster was the party 1 had the deal- 
ings with. 



■«••• — 



310 



OWNERSITTP OF OKKTAIN SKA LINO VESSELS. 






B'li 




'• Q. Tlie orijjinal claims that wore sent throiigli IVFr. TIaniloy wore 
tliere then? — A. They were at Ottawa wh<'n J got there, 

" Q. And those are che chiinis that were revised? — A. Tliose are the 
elaiins that were revised. 

" Q. And I understand that the claims that went thr()u<;h Mr. Ham- 
ley were simply tlio approved copies of the rough drafts that you took to 
New Yorkf — A. They were the best coi)ies made from the rough draft. 

'' Q. And those are also co])ies made from tlie rough draft? — A. Yes; 
I don't know how they run with the rough draft, because it was not. 
returned to me. The copies were returned to me, but I did not get 
the rough draft back. 

" Mr. Hblyba. I will put in these several documents." 

(Seven documents put in, marked JOxhibit .1.) 

"CoiTRT. You will have to identify tho.se documents. What are 
they? 

"Mr. Bklyea. They are copies of the rough draft of the claims. 

"CouuT. Wiiere are the rougli drafts themselves? 

"Witness. 1 left them in New York. 

"Q. I thought he said lie took them with Mr. Boscowitz' brother to 
New York, had copies made, then brought them here? — A. No; Mr. 
Boscowitz' brother introduced me to a lawyer there in New York, and I 
left them with him. He thought he could put them In much better 
shape than we had them ; but lie simply made copies of them and sent 
them back tome; but he retained the rough draft; those are the coi)ies 
that were sent to me, but we didn't use them. 

"Q. Who made these (!opies? How do you know they were copies? 
Were they made in your presence? — A. They were made in my i)res- 
ence. I made no rough copies in New York, and we sent the document 
to Ottawa. 1 don't know how correct they are, but I know in every 
little detail. 

" Q. I do not think (to Mr. Belyea) they are admis.sible, unless you 
prove something more than that. 

Mr. Belyea. 1 submit that under the circumstances they are quite 
admissible. We have iirst the rough draft of those that Oapt. Warren 
took to New York, and left there. That rough draft was to be revised 
in some way. 

Witness. Put in shape. 

" Mr. Belyea. And forwarded to him. (To witness). Did you go to 
Ottawa from New York? 

" A. Yes; I went back to Ottawa. 

" Q. And where did you receive those? A. They were sent to me at 
Ottsiwa. 

"Attorney-General. We can compare those with some authentic 
document we have, and then we can tell whether they are true copies. 

"Court. They are not admissible for a moment; it would be doubly 
assured, because we do not know who drew these copies and made 
them; and in the next place [to Mr. Belyea], wliile you allege them to 
be copies, you say they were left with somebody not to be copied, but 
altered, and then you say in contiict with thesedirectionsthey sent you 
those exact copies. 

" Mr. Bjolyba. Capt. Warren says they merely copied the rougli 
draft. 

" CoTTRT. Has he compared them ? 

" Mr. Belyea. Probably not. Hmy learned friend has got the origi 
nal, let him produce them. 



I I 



WAUftKN VS. nOSCOWITZ ET AL. 



311 



loy worp 

c iiro tho 

►Ir. Hain- 
iii took to 
ftli draft. 
-A. Yes; 
was not 
L not get 



iVliat are 
liras. 



)rotlier to 
No; Mr. 
)rk, and I 
ch l)etter 
and sent 
the coi)ies 

re copies? 
I my i)res- 
docuuient 
' in every 

nless you 

are quite 
Warren 
)e revised 



you go to 



; to me at 



" (>oiiRT. You say they are h»,ft in New Yoik ; how ean he produce 
them? 

" Attohnky-Gexhual. I say, if you will let me have them I will 
compare thein with some authentic documents that 1 have. 

4( Witness. I don't think Mr. Djivie has got any copies of the origi- 
nal. 1 am not aware of it. 

" Mr. Belyea (to witness). In making up of the claims in 188G and 
of the claims in 1887, was it ever suggested by Mr. IJoscowitz or any- 
body else that the claims should be in his name ? 

"A. No; never. 

"Q. In whose name were the claims made up here? — A. Made in tho 
name of the party the vessel was registered in. 

" Q. Were the claims that went through, Mr. Hamley, made up in 
that way? — A. They were. 

"Court. That was in Cooper's name? 

" Mr. Belyea. Yes; and Warren himself was the registered owner 
of 

"W^ITNESS. The Thornton. 

" Q. While at Ottawa you not only had the revision of your own 
claim but of the others? — A. 1 had. 

" Q. In every case of the others, in whose name was the claim made 
out? — A. The registered owner, I believe, in every case. 

"Court. You mean not only these that belong to Mr. Boscowitz and 
yourself, in \A'hatever relation, but also the other schooners that had 
been seized? 

"A. All the other schooners. 

"Mr. Bely'ea. Now, do you recollect having got any instructions 
from the department of marine and tisheries as to this particular 
])oint of the claim — of having had any conversation with the ofticial 
about it — about in whose name the claims should be made out? 

" A. I always understood that it had to be made up, both by legal 
advice here and the authorities there, that they all had to be made up 
in the name of the registered owners both here and at Ottawa. 

"Q. When you went to Ottawa did Mr. Boscowitz instruct you in 
any way whatever to put these claims in his name? — A. He did not; in 
no way whatever. 

"Q. So that the claims stand to day, so far as in whose name they 
are, exactly as they did when they first left hei'e? — A. They are just 
the same to-day." 

Court adjourned to Dec. 13th, 1890, at 11 a. m. 



authentic 
lie copies, 
je doubly 
nd made 
e them to 
»picd, but 
>^ sent you 

le rough 



the origi 



Court in session, December 13th, 1890. 

James D. Warren, in chief examination, after stating how many ves- 
sels he had out each year engaged in the sealing business, testified as 
to the value of the .schooners, coramcncing on page 78 of the record, as 
follows : 

"Q. And in 1887 how many vessels were put in ? — A. Well, I believe 
I had six vessels in 1887. The Mary Taylor took the place of the 
Thornton; the Thornton was seized, and tlie Mary Taylor was bought. 

" Q. I want you to state, as nearly as you can, what the cost ot those 
vessels was? — A. The cost of running them? 

"Q. No; the vessels. — A. Well, I put the Thornton^ I think, at 
*4,0(K).00 — that is the time she had her machinery put into her, and was 
made a steamer of — and the Sayirard, say, cost — well, the Anna Beck, 



\\% 



w 



312 



OWNKRSniP OK CKIM'AIN SEALING VESSELS. 



she would cost $4,000,00; we ])ai(l tliut in tlio first place iiiid tlieii T put 
iiiiUiliiiiery in lieviillerwaids, so she would — and then siie was bmnt — her 
decks were burnt out. They were raised on here, and made iier Iar<;ei' 
and a good deal of mouey was spent on iier. After that she was value<l 
at about $8,000.00, The Grace when she was all ready titted out. and ;iil 
the gear aboard — for passengers, and her hoisting gear, and all this — 
she cost about $10,000.00, and the Dolphin about tlie same. The Say- 
ward cost, say, between $0,000.00 and $7,000.0^>. 

"Q. But did you always own the whole of the Sayicard^ — A. No; 
only half. 

"Q. Who was the owner of the other half? — A. Andrew Laing. 

" CouKT. Then there is the Rustler. — A. The Hustler, she was 
bought in the fall, I think. 

"Q. I mean to say, what was her cost? — A. We bought her a wreck 
and had to fix her up. She cost, I think, something over $2,000.00. 

" Mr. Bel YEA. After she was fixed? 

"A. Yes; I think she cost in the neighborhood of $2,500,00, alto- 
gether, when she was i)ut in thorough order." 



Court in session, December 15th, 1890. 

J. D. Warren, in cross-examination, page 117 of the record, as to 
his claim against Boscowitz, testilied as follows: 

" Q. What do you claim, as against Mr. Bos<5owitz, in respect of these 
schooners; the whole of their value, the half of their value, or what? — 
A. lu respect of what, the hulls? 

" Q. Yes. — A. Well, I don't know about that. That is for the court 
to decide about that. 

"Q. Well, what do you claim? — A. Well, I claim that I put in so 
much money; that Mr. Boscowitz was to furnish what he didn't furnish 
for the sealing business. I furnished it. 

" Q. I am asking you in respect of the schooners. Do you expect 
any claim, or make any claim ? — A. Well, I don't know. I made a 
claim against the United States. 

" Q. Are we to understand that you make a claim against Mr. Bos- 
cowitz in respect of these schooners or not? — A. That is for the court 
to decide. 

" Q. Do you think if you do not make any claim the court will de 
cide you have a claim? Are you making any claim against the United 
States Government in respect of these vessels? — A. J am; yes. 

" Q. Do you make any claim against Mr. Boscowitz in respect of this 
business? — A. My business? I gave it to the creditors. 

" Q. Do you or have you instructed your assigniics ? — A . I don't know 
what the assignees did. 

" Q. Have you made any claim, or do you make any claim against Mr. 
Boscowitz? — A. 1 don't know, personally, 1 make any claim against 
him. J put in so much money that he was to furnish for the outfit. 

"Court. If he makes a claim against the United States it must be a 
claim in derogation of Mr. Boscowitz's claim, because, whatever befalls, 
you would suppose he claims enough to pay the mortgages in full. 
What is the nature of the claim made against the United States — the 
whole value of the schooners, or only so much as remained after the 
mortgages were paid oft" ? 

" A. I put in what 1 value the schooners at, and outfit, and I was 



WAUHEN VS. HOSCOwnZ ET AL. 



313 



!Ti T jmt 

it — lll'l" 
r larjjci' 
Vivhu'd 
iuid i<°l 
1 this— 
he Say 

A. No; 

IS. 

he was 

a wreck 
0.00. 

00, alto- 



niider the impression it wouM stand over until tliese tliinjis wen sot- 
thid — tlie schooners, Imlls, and outlit. 

" Q. And carji'oes? — A. les; 1 pnt in chiinis for the whole thing. 

"Q. Including the cargo? — A. Jnclnding the cargo." 



xl, as to 

of these 
what?— 

he court 

lit in so 
furnish 

expect 
nia<le a 

VIr. Bos- 

le court 

will de- 
United 

!t of this 

I't know 

instMr. 
against 
tfit. 
ust be a 
befalls, 
in full. 
es — the 
fter the 

lid I was 



Court in session I)e(uMnbor 10th, 1800. 

JosEiMi iioscowiTZ (coniinencJMg on i)age 11.1 of the record), in an 
swer to the (piestion, " What was done in 1SS."»?" testiiicd: 

" Attouney-Gexeual (to witness). In 1H85 and 1880 the scihooners 
went out? 

"A. The reason that the charter was started in 1880 wr.sfor this pur- 
])ose: I held the niortgiiges on the schooners, and no one could take 
them from me. I had put in about $40,000.00 or $r>0,000.0(>, and I could 
not atford to let these schooners go to sea and come back with a cargo 
and have it seizetl by his creditors. 1 took the precaution of charter- 
ing these schooners, and that continued right down to the — he was in 
tiie same position in 1880 as in 1887, and 1 was not going to allow his 
creditors to come and seize my property. That was the reason of the 
charter — the beginning of it — and it was with his consent." 

I certify that the foregoing extracts from the evidence before the 
supreme court of British Columbia in the cases of Warren vs. Boscowitz 
and Cooper; of Warren vn. Boscowitz et al., by original action, ami Bos- 
cowitz vs. Warren et als., by counterchiim, at different dates from June 
1th, 1889, to December Kith, 1800, are true copies of said evidence now 
in the hands of theregisitrar of the supreme court of British Columbia, 
so far as the said extracts ])retend to quote said records. 

In witness whereof I have set my hand and affixed the seal of the 
consulate at Victoria, B. C, this 23rd day of November, A. D. 1892. 

[SEAL.] Levi W. Myeus. 



EXTRACTS PROM THE "CASE ON APPEAL" IN THE CASE OP 
TVARREN ET ALIOS vs. BOSCOVTITZ ET ALIOS. 

Statement of defence of J. Boscowitz (pp. 6, 7). 

1. During all the times 'iientioned in the statement of claim, and con- 
tinually since, and now and during all the times menticmed in the state- 
ment of defence, the plaintiff was and still is the wife of one James 
Douglas Warren, of the city of Victoiia, master nniriner 

2. That the said steam vessel, the Harhara lioscoicU;:. •,> :■ onstrnctcd 
l>y the said J. D. Warren, and by him registered in the name of J. A. 
Say ward, who held the said vessel only as a trustee for the. said J. D. 
Warren, and the said vessel was mortgaged to the defendant, Bos<!0- 
witz, to secure $30,000 and interest moneys advanced by the defendant, 
I'oscowitz, towards the construction and otherwise on account of the 
vessel. 

3. That besides the said sum of $30,000 so secured by the said inort- 
gage upon the said steamer Barbara Boscowitz, there was at the time 
t>f the offer by auction, hereinafter mentioned, a large sum of money 
due from the said James D. Warren to the defendant, J. Boscowitz, 
which moneys, together with the said sum of $30,000, amounts to 
$04,503.05, and which said sum of money was also secured by a judg- 



314 



OWNEHSIIIP OF CKRTATX SEALINO VESSELS. 



.'I 

M 

I 
■I'if 



U' 



fw 



i'u 

'|;n 

m 

list 



^— .1 



%\ ' 



!|i 



iiicnt of tlu' siiiH-ciiic conrt of liiitisli Colmnliiii, dated ITtli Dcccinbov, 
JSS.'), iind ills') Uy inorljiii-'cs ovor a iiuinber ot'sciiliiiy sc^Iiooikts owned 
by tln^ said .1. 1). Warren. Tliat on or about the l.Uli day ot'Fel)niary, 
IHSd, the sum of $.{0,(M)(>, besiib's an arroar of interi'st and some otiier 
moneys reraaininf; <hio to the defenchmt, J. lioscowitz, under the secu- 
rity of the said inort^iajjo, the defendant, J. ]>os(!o\vit/,, otlfered tlie said 
vessel, liarhara Jioscoicit::, for sale at ])ul)li(; auction at the (;ity of Wv- 
toria, but there being no bidders, one R. S. Byrn, at tlie request of the 
said defendant, bought the vessel in. Tlie said defendant was an 
American subject and couhl not hold the ship in his own uame. 

4. At the time of the said auction oiler the said .James I). Warren was 
the agent of the defendant, Joseiili Jios(!<)\vitz, and had managed large 
sealing interests for the said defendant, the result of which had been to 
considerably reduce the judgment debt owing by the said James D. 
Warren to the defendant, and for the puri>ose of holding the said vessel 
as a security for moneys owing to the said defendant, it was pro- 
posed by the said .lamei-^. D. Warren that the steamer should be regis- 
tered in his wife's name, but on account of difliculty in registration the 
defendant, Thomas 11. Cooper, was sent foi-, and an account was then 
struck between the said James D. W^arren and the defcmdant, Jose])h 
IJoscowitz, of the moneys re.naining owing to tlie defendant upon his 
said judgment, and otherwise to tin- defendant l)y the )Haintitf on account 
of their business relations, and the defendant being ab(»ut to leave for 
England, entrusting his affairs in JJritish Columbia to the agency of 
the said James D.Warren, it was arranged between the said James 
D, ^'Varren and the defendants, BoscoAvitz and Cooi)er, that all of the 
vessels, including the said Barbara lioscnwitz, should be transfer ^ to 
the name of the said Thonias Henry Cooper, and upon the stri of 

the said account of the dealings between the defendant, J. Bo,' ./, 

and the said Janjes D. Warren, the sum of thirty-live thousand six hun- 
dred and twenty-one dollars and twenty-six cents was found to be the 
balance due from the said James 1). Warren to the defendant, Joseph 
Boscowitz. 

6. The said Thomas Henry Coo])er then and there, at the request 
and dire(!tion of the said James D. Warren, exe(!uted mortgages to se- 
cure forty-one thousand dollars ($41,000), being the above balance of 
$3;'),<>21.2G and a fiirther sum of $;"),378.74, then advanced in cash to the 
said James 1). Warren. The mortgages so execiuted by the said James 
I). Warren were upon the vessels and for the sums following, that is 
to say: On the Barbara, Boscoivitz, $20,000; on the Grace, $0,000; on 
the Dolphin, $0,000; on the Anna Beclc, $5,000; on the Sayward, $2,-500; 
on the Rmtler, $1,500; total, $41,000. 

G. The plaintiff took no part in the said transactions, and the same 
were carried on solely by the said James D. Warren, and the said de- 
fendant, T. 11. Cooper, had no interest in the property except as a trus- 
tee for the said James D. Warren. 

7. That since the date of the said riortgage of the said steamer 
Barbara Boscowitz, the defendant, .J. Boscowitz, has made advances 
for repairs insurance, etc., amounting to $19,500, and has received in all 
on account of the said steamer the sixm of $11,900, and the interest 
moneys which were owing to the defendant, Boscowitz, in respect of his 
said mortgage to the 15th of January, 1889, was $4,20;H5. The 
steamer is entitled to a credit of $1,073 lor insurance refunds, leaving 
an actual balance due to the d«^fendant, J. Boscowitz, upon tlie mort- 
gage security of the said steamer Barbara Boscowitz, of $30,190.15. 
Save as herein stated the defendant, Joseph Boscowitz, denies each and 



!^ 



WAnin-.N irr al. vs. p.osrowrrz kt al. 



315 



oqnest 

es to so- 

•ance of 

I to tlie 

.liunes 

that is 

000; oil 

$2,500; 



rvory iilloijiilioii in tbc stafoniont oC clnim, and I1m> (lol»'inlaiit. .loscph 
IJoscowit/. claims the samo benefit as if he had dciniinTil to the state- 
ment of claim. 

PLKADTNGS— OOUNTEU CLAIM. 

Dolivorod in pursuance of order of'tlie Jlonoral)le tlio Chief Justice, 
dated 1st May, ISS'J, 

Aiul by way of counter claim tlie defendant, .losEi'n JioscowiTZ, 
n^peats the aIle,i>alioiis (jontained in his stati'ment of defense, and fur- 
tlier says as toUows: 

1. In the mcmth ot March, ISSd. the defendant, .1ose])h l>os(;o\vit/., 
chartered fioni the <lefendant. .lames Doujfhis Warren, the said schf»on- 
ers Grace, Dolphin, Thornton, W. P. Sayicarii, Anna Beck, and Itmtler, 
ibr the purposes of sealinpf. 

2. The defendant, Josepii lioscowitz, fitted out the said scliooiiers at 
ji larjje expense for the jmrposes of tiie said sealinf; adventure, and 
sent tliem to sea under the inanagenient of the (U'fendant, .lames Douj;- 
his Warren, and proinis<>d liim, tiie said .lames Doujilas VV^irren, in 
consideration of the care and attention of tlie said .lames J)()U{;las 
Warren to the concerns of the defendant, Boscowitz, in respect of the 
said sealing adventure, that lie, the said .losepli IJoscowitz, would j^ive 
to the said James Douglas Warren an amount equal to one-half of the 
profits of the adventure. 

3. The said schooner T/ior»fo« was, dniiiig the said season, seized by 
the Government of the United States iStatcs of America for an alleged 
infraction of international law, having on board at the time a lai-go 
cargo of valualde sealskins, buttheotlier scliooners returned in safety, 
and the said Joseph IJoscowitz, in pursuance of his ])romise, allowed 
the defendant, James Douglas Warren, an amount e(]ual to one half 
the profits of the adventure, amounting to about the sum of $17,000. 

4. In the year ISS" the defendant, Boscowitz, again chaitered from the 
defendant, .James Douglas Warren, the said schooners Grace, Dolphin, 
Anna Bed:, W. P. Sayicard, and a schooner called the Mary Taylor, 
and after fitting out the said schooners at a large exi)ense, sent them 
to sea upon a sealing expedition, under the management of the defend- 
ant, .James Douglas Warren, upon the same promise as that set out in 
])aragraph 2 hereof. 

T). Tiie said schooner;?, except i\\c,Mary Taylor, were all seized during 
the said season by the Government of the United States of America for 
the said alleged infraction of international law. 

0. The defendant, Boscowitz, exjiended during the said season of the 
year 1887 for supplies, seamen's wages, and other expenses of the said 
adventure, upwards of the sum of §;}3,000. 

7. Believing the said seizure to be a wrongful one, the defendant, 
Boscowitz, joined with certain other persons, whose schooners had also 
been seized by the said Government, in a claim for compensation for the 
said seizure. 

8. The said claim was fonnulntod and sent forward through the 
agency of the Dominion Gov(>rnment, and the defendant, .lames Douglas 
Warren, at the request of the defendant, Boscowitz, and the said other 
parties, proceeded to Ottawa to represent their interests and assist in 
formulating their said claims, and the defendant, JJoscowitz, ])aid for the 
expenses of the defendant, James Douglas Warren, incident to the said 
journey and for legal advice, the sum of 81,200 and upwards. 

1). It was distinctly understood and agreed between the defendant 
James Douglas Warren and the defendant Joseph Boscowitz that the 



31 G 



OWNEK'SIIir OF CHliTAIN SHALir.G VESSKIiS. 




s;ii(l clainis slioiild im' itrosciitcd in the inimc and on l)(^llillt■ ol" flio said 
dcrcndant IJoscowit/, hut tlic dcliiMidaiit .lames l)(Hif>las W'aniMi, in 
I)i'<'a(li <»r tl>o said aurt'cnicnt. i)r('s»'nt<'d tin- claim, in li'spect, of liu': 
seizure el" all the said seliooners e\('e]>r the. Thornton, in Mie name, and 
on behalf t>r file delendiuit Tii'Muas I l(>niy Cooper, ami as to Mu' Tlinru- 
Uiu, the defendant -hunes Douylas Warien presented the said elaim, 
and it still remains in his own name. 



ANSWEIl. 



W 



I 



Tin^ answer of the. defendant (by eouiiterM-lainr, .lames D, Warren 
to the eounter claim of tlie defendant in the orii^inal action herein: 

I, In answer to ]»ara,u'rai»h one of defemlant Itoscowit/'s amended 
counter-claim in tliiN action, the (lefendanf .lanu's I). Waricn saystiiat 
the said .Iosei)h IJoscowit/ did not clnii'ter from this defendant tln^ 
schooners (h-'UT, Dolphin, Thornton, W. I*. Sdificftnl. Anna licch\ and 
h'nxth'r, as alle^i'cd, l»ut says that the said schooners were so chartered 
for the season of ISSti iVom one .lohn W. (irifliths. at that time assiyiuie 
of the estate and ellects of said .laiiu's |). \Narren. 



^*'P- 



DKf'ltKK. 

TiFK 2:\ni) DAY Ol' DncKArnKK, A. D, ISOO. 

The trial of the cause liavin.y proceeded before the lion. Sir Matthew 
r>aillie ile",bie. knight ciiief justiiM» of tiiis iionoi-alde court, without 
a jury, Oil the !Mh. iL'th, bit h, l.""»th, a r.d IC.th days of December, 1S!M», 
in tiie presence of the Honorabh^ Attorney ji'eiu'rai asof counsel for the 
said .Iose])h Uoscowit/, and of Mr, Helyea and .Mi-. Ilebncken as of 
counsel for the other parties iu'reto. except Tiionnis Henry (3ooper, who 
did not appear. altiioui;li duly itotilied. upon openin<; and debate of the 
matter, upon readinji' the stateiiu'uis of claim and defense, and the cer- 
lii'ate of the rejiistiar of this li(Miorab1t> court, dated the 21th day o( 
.June, l.SS!». by wliich it appears tiiat the matters raised by the sai'l 
JIannali Warren, in her statement olClaim, have alreaily Ix'Cii adjudjitMl 
and det(M'mined adversely to her, and that tlu> inatt<Ms reinainrii<;' for 
consideration art> those matters raised l)y the counterclaim; and the 
defense tl creto by the defendants, 'I l;oimis II. Tye, Matthew T. John- 
ston, and Arthur L. IJelyea, dated the J",»rli day of May, 1SS!>, the de- 
fense to the said counterclaim of tlie defendant Tlunnas Ileriry Ooojxm', 
dated the I'Sth day of May, lSSi», the defense of the said, .lames 1), 
Warren, dated tiie llMh day of .inly, bSSO. and the respective joindeis 
of issue of the said .losepli lioscowitz, to the several defenses of the 
said Arthui- L. l>;'lyea. Matthew T. .lohnston, and Tiiomas II. Tye, 
Tlnnnas Henry Ooopcr, and ,)an (>s Doujiias Warren, upon leadinji' tlie 
several prociHMlinu's in tlie caus( . includinti' the order dated the I'.ttiiday 
of .Iiine. 1SS!». wiiereby. after lu>arin,i>' counsel for all tin' parties luneto, 
it was ordered tliat all i)arties Ite restiained, until the furtiier order of 
tliis ('ourt. tVom receixiny from thelJnil:ed States (lovernment, tlie (5an 
adian (Tovernnieiit, or from any minister of either (Jovernment, or other 
mini-*ter. olVicer. or person wliomsoevev. the whole or any part of the 
sum of $■_•(».'$, OOO.dij (two hundred and three thousaud dollars) or there- 
abouts, or any moneys whatever which may come to be payable by the 
United States ( loveiiimeiit in respect of the seizure or conliscati(»n of the 
schooners 'Thornton. Gracr. Dolphin, IT. /'. iSiii/irartL muI Anna Be ■!;, 
and any other j)roporty in the couuterclaim mentioned, or from iu any 



WARRKN P/r Al,. VS. HOSCOWITZ ET AL. 



317 



maiinerneffotiiitiiit; forjiny coiapciisiitioiifor, as forsi'ttlcinent or forcoiii- 
prfomlisc. oftlie said da i ins, ovaii.v of Mi<'in,<»r any other clai ins in n'r^lK'(•t 
(»r the said soi/ures and (•(mliscation, and IVniu makinji any applicatitm 
to the anthoriti(!s ot the tlnitc<l ^^tat(^s, or of th '. Dominion of Cana(hi, 
f(»r payment to them, or iiny or either of tliem, of any p:irt of such 
moneys. 

And further ordering;', tiiat James (Jluirh^s L'revost, the re<;istrar of 
tills lionoiable coiut, \w appointed reeeiv<'r of all moneys, witli ait- 
tliority to ])ress lor a selth'ine.it of the elaims, to receive all moneys in 
respect tliereof, and to execiit(^ proper discharges llierefor, and in- 
chidinjj^ the order (hited (lie l."»tli diiy of Fehiiiary, IS'.K), directin;^ the 
taki 11,1? of certain aceonnts before the re<>i.slrar; the order dated the 
lOth day of -Inly, 1S!)(>. wheiein, alter referring; to tin; certilieate of tlui 
re,H'istiar and directiii!;' t\u'. saiiie. to Iw, varied, as by the said order dated 
the loth day of .Inly, IH'.H), is directed. It is declared and adjndj^cd 
that subject to a creilit of 6 M»,<Sll.(IS (forty-nine thonsainl eiyht hnndreid 
and forty-one (hdlars and sixty ('i.u,ht cents) by the said last-mentioned 
ord<'.r directed to bo allowed, ami subject also to an cmpiiry therel)y 
directed to be taken as to certain a<Iditioiial credits, the said .losepli 
lioscowitz was entitled to recover aiuainst the said .lames l)ou;;las 
Warren, in res]»ectof the matters in tln^ counter-claim mentioned, the 
sum of 8llS,(»7-t.S;") (one hundred and ei,i;hletMi thousand six hundred 
and seventy-four dollais and eighty live »t(!nts); and also declarinj;' and 
adjudjiiiijn' that no disbursements liad beiMi made i)y tin; said Thomas 
Henry Cooper for or on account of the sealinj;' adventure in the para- 
Srai)hs mentioned, and the said Thomas Jlenry Coopei- was entitled to 
no allowance as a^i'ainst the siiid .losep'i Uoscowitz, and inclndinjr the 
(U'der dated the Kith day of Aujiust, iS!M», whereby as a result of any 
eiKpiiry into and adjudication by the Judne into all olfsets, cross ( iaims, 
and demands by the said .lames l)ou>4las Warren aiyaiiist the said .loseidi 
Jioseowitz in reduction of t lie said sum of $1 l.S,G7i.H;1i (one hundred and 
ei,uliteen thousand six hundred and seventy-four dollars and eij^hty-fivo 
cents) found to be due to the said .loseph I»oscowit/ by tin? said order of 
the 10th day of .Inly, IS'.H), the said .lames I)onj;las Warren and his as- 
siji'iiees were, in addition to the sum of $t'.>,.S41.(t.S (forty nine thousand 
oi,i>hthundr('dan(llbrty-()iie(lollars and si xtyciji'lit cents) already allowed 
by the said last-mentioned order, entitled to be all(»wed credit for sums 
amoiintinjf in the ajij^^rejiate to A.JO,!*??.!';"} (thirty thousand nine hundred 
and seventy-seven (hdlars and twenty live cents), and ad Judjiiiifi that all 
other a 'Counts and claims by the said .lames J)(ui}4las Warren and his 
assifiiiees should lie disallowed, (^\cei)tiiig 'sii claims in res|tect to the 
schooners Tcrrsdj liuNtlrr, aiul Thorntoi', which it was ordered should 
be referred to the rofi'istrar for report, and .vithoiit prejudice to any ap- 
plication which the said .lames Doir^las Warren niiylit be iid\ised to 
iiiak< [k> open up the settled aceonnts in the proccediiijis relerrc(l to of 
All.OdO.OO (Ibrtyone thousand doUars) lor the purposes of sureliar;,nn};' 
the sum <»f .CU.'iS lii (two huiidretl and thirty-eij;lit jiounds twelve sliil- 
lin;:;s) claimed by the said .lames I)ou;iIas AVavreii to be due him Iroin 
the saitl .Joseph Uoscowitz for a refund of insui;iiice in i c.spcct of tin' 
scliooner niol, in the year lS.S,-». and inclndinj;' th(> cei iiiicatiMtr reportof 
Ihe re<4istiar, dated tlie 1 Hi) da\' of November, IS'.MI, wlierelsy it is found 
that tlie said .lames l)on,ul;is Warrenouuht t(» be allowed further credits 
asaniiinst the said sum or.i<l is.iiT t.,s,"» (one hniidied and eiixhleen thou- 
sand six hnndi'ed and seventy four dollars and eiiihly li\ e cents) ; that is 
to say; In respect of the schooiu'r 7'r/r,s7( thesum of ••:<.'», I (!•,>..'>.) (tlire«; thou- 
sand one hundred and sixty-nine didhus and thirty three cents), and in 




318 



OWNERSHIP OF CERTAIN SEALING VESSELS. 



I M- f-'i. 



M 






im 

r 



^il: 



respect of the Enstler the sum of $2,805.00 (two thousniid eight liundred 
and five dollars and 8ix cents), and findinj;- that the said James Douj^las 
Warren was entitled to no credits as aj;ainst thesiiid J(»sei)h Boscowitz 
in resi)ect of the Thornton and disallow iiij^' such claim; and upon hear- 
ing read the evidence of the said Janu's Douglas Warren, given before 
nie on the loth day of February, 1S8!», in Ciiambcrs, the viva voce evi- 
dence adduced and documents produced by the [);irties, respectively, at 
the trial, together with all the a<!counts, Ixjoks of account, and docii- 
nuMits on file, and iieretofore in the course (»f the litigation dc^josited in 
court by the parties, and having, by re(]uest and consent of the parties, 
liad reference to the documents and exiiibits contained in the printed 
case upon appeal from the full court of the sui)renie ccmrtof British Co- 
lumbia to the supreme cotut of Canada of 8iiunders ^c al. v. Boscowitz, a 
co])y of which is filed with the pa])crs herein, his lordship was i)leased to 
diveet that the cause sluaild stand for judgment, and the cause coming on 
for judgment this day in ])reseneeof the parties, by their counsel afore- 
said, his lordship doth find that sometime before tiu', month of 3Iareh, 
1S8G, the schooners Grace, Dolphin, Thornton, half (tf the IV^ P. iSai/icard, 
the Anna Bed; and Kuntler, were the i>roperty of the said James J )ouglas 
Warren, subject to certain mortgages thereon in favor of the i»laintilT, 
Joseph Boscowitz, and that the said schooners (subject to the said 
mortgages), having become the pro])erty of John Gritiiths, by virtue of 
an assignnunt for the b'Miefit of creditors dated 18th day of September, 
A. I). 1885, were chartered from the said John Grifiiths by the plaintiff 
for the purpose of sealing, >vere fitted out by the plaintitt' for the i)ur- 
jiose of seai'ng adventure, and were by the jdaintilf sent to sea under 
the management of the said James Douglas W^arreu, to whom the said 
Joseph Boscowitz promised that, in consideration of the care and at- 
tention of the said James Dotiglas Warren to the concerns of the plain- 
tiff in respect of the said sealing adventme, that he, the said plaintitf, 
would give to the said James Douglas Warren au amount equal to 
one-half of the net profits of the adventure. 

That the schooner Thornton was, during the sealing season of 18S0, 
seized by the Government of the United States lor an alleged infrac- 
tion of international law, together the cargo of sealskins, but that the 
other schooners returiu'd in safety, and the said Jos('])h Boscowitz, in 
pursuance of his promise, allowed the said Janu's Douglas Warren in 
account an amount equal to one-lialf of the profits of the adventure. 

And this court doth furthei- find that the remaining vessels, that is to 
say, the Grace, Dolphin, Anna Heck, and the one-half of the \V. F. <S'«»/- 
icard, were offered fi)r sale and were sold by the said Jose]»h Boscowitz 
in the nmnth of October, 1880. under the power of sale in the mortgages, 
to the defeiulant Thomas Henry Cooper, who pun-hased them as a 
trustee for the said defendant James Douglas Warren, but had no 
beneficial interest in the said vessels himself, and t\uA the said Joseph 
Boscowitz chartered or hired the said vessels, and also the schooner 
Mary Taylor, fvoni the said Thomas Uenry Cooi)cr, and in the year 1887 
sent them upon a sealing voyage in charge of the defendant, James 
Douglas WarrcM, and agreed to give to the said -lames Douglas Warren, 
in consideration of his services in tlie ]>r('mises, au anu)unt equal to one- 
half of the net ]>iolits of the adventure; and that the vess(4s Grace, 
Dolphin, Anna Heck, and 1V\ I\ tSai/ward wi're, in that same year, 1887. 
seized by the [Tnited States authorities, together with the cargoes of 
seals on boaid, but (he said Mary Taylor returned honu; with a cargo 
of seals which were received and sold by the said Joseph Boscowitz. 

Aud this court doth declare and adjudge that for Bupplies uiid 



WARREN ET AL. VS. BOSCOVVITZ ET AL. 



319 



moiipys paid by the saul James Douglas Warren to and for and on ac- 
count of tlio said Joseph lioscowitz in respect of the said sealing ad- 
venture, and for and in respect of all matters which, upon the accounts 
between them, the said James Douglas Warren is entitled to claim as 
against the said Joseph Boscowitz, he is entitled to a credit of $.S(),7l>2.87 
(eighty-six thousand seven hundred and ninety-two dolhus and eighty- 
seven cents) to be deducted from the said sum of $118,07-1.85 (one hun- 
dred and eighteen thousand six hundred and seventy-four dollars and 
eighty-tive cents) due to the said Joseph Boscowitz, and that for the 
balance or sum of 83I, 881.98 (thirty-one thousand eight hundred and 
eighty-one dollars and ninety-eight cents) the said .loseph Boseowitz 
is entitled to judgment against the said James Douglas Warren, and 
which Judgment this court (h»th pronounce accoidingly : 

And this court ddtli further order and adjudge that the powers of 
the said James Charles I'revost, as receiver under the order of the 
15)th day of June, 1881), be continued until the further order of this 
court. 

And this court doth further order that the receiver, if and whenever 
he shall recover or receive any moneys in respect of the claim against 
the United States Crovernment for tlie seizures aforesaid, shall forth- 
with tile an account in chambers specifying the following particulars: 

(a) What ])ortion of such moneys is allowable as compensation for 
the seizure of the schooners, including their wages and outlit, but not 
including cargoes* 

(b) AVhat sum is allowable for the cargoes? 

And this court doth declare that such moneys ought to be applied, 
firstly, in payment to the said Josei)h Boscowitz of tlie interest moneys 
due up to the 3rd day of March, 18!)0, secured by the res])ective mort- 
gages of the schooners; se(!ondly, in payment to him of the interest 
moneys accruing since the said 3rd day of March, 18!)(); tliirdly, in pay- 
ment to him, the said .Tosepli Boscowit of the sum of 817,000.00 (sev- 
enteen thousand dollars), being the i)riiu'ipal secured by the said mort- 
gages ui)on the schooners Grace, Dolphin, and Aunti licck; fourthly, in 
payment of the sum of 831,881.08 (thirty-one thon lud eight hundriHl 
and eighty-one dollars and ninety-eight cents), after deducting tln-reout 
the res])ective moneys tirstly and secondly liercinbefore mentioned; 
fifthly, in i)ayment to the said Joseph Boscowitz of the interest moneys 
accruing since the 3rd day of March, 1890, ui)on 88,L*9-1.00 (eight thou- 
sand two hundred and ninety-tour dollars), being the dirt'erencc between 
the moneys secured by mortgage upon the linrbara Boscowitz. togetiier 
with interest, and the amount, clear of expenses, realized by the 
said Josejyh Boscowitz by her sale; and lastly, in ])ayment to the de- 
fendants Matthew T. Johnston, Thomas 11. Tye, and Arthur L. Belyea 
of the remainder (if any) of the said moneys, after making the dtiluc- 
tion firstly, secondly, thirdly, fourthly, and fifthly Lereiubefore men- 
tioned. 

And it is also decla.-ed that as to so much of the said compensation 
moiH'ys as shall be allowed in respect of cargoes, the said registrar 
shall take an account of all claims (if any) against the said cargoes by 
linnters or other parties and also of the amount already realized by the 
said Joseph Boscowitz on account of the said sealing adventure, and 
subject to his accounting for one-half of what shall be found t(^ have 
been so recei>'cd, shall then allow and ])ay to the said .loscph lios- 
cowitz tlu^ sum of 838. 1 to. 52 (thiity-eight thousand four hundred and 
sixteen dollars and lilty-two cents) in rexiayment of his udvanceB 



320 



OWNKKSIIIP OF CERTAIN SEALING VESSELS. 



It 



I li 



vf i: 



towards the soaling' business, and shall then pay one half the said com- 
pensation, allowable in respect of the catch of seals, to tlie said Joseph 
Boscowitz, together with an amount ('(pial to any moneys whi(jh may 
remain owiiiff to him. the said Jose])h Boscowitz, in respect of the mat- 
ters hereinbefore lirstly, secondly, thirdly, fourthly, nid lifthly declared 
to be payable to him, the said Jose]>h Eosc-owitz; and as to the other 
moiety (sid)ject to the said moneys which may be due to the said Josei»li 
Jioscowitz) shall pay the same to the said Matthew T.Johnston, Thomas 
II. Tye, and Arthur L. JJclyea; 

And this court doth hereby award a perpetual injunction to restrain 
the i>aities to this suit, and every of them, and each and every of their 
ayeuts, attorneys, and solicitors, from receivinj;' fiom the United States 
(lovernmcnt, the Canadian Government, or from any minister or olUcer 
of eitluT (loverninent, or other nunister, oflicer, or person whomsoever, 
the whole or any [>art of the sum of ."^L'Oo.OOO.OO (two hundred and three 
thousand dollars), or thereabouts, or any moneys whatsoever wiudi 
may (iome to be ])ayable by the United States Government in respe(;t 
to the seizure and contlscatiou of the schooners Thornton, Grace, Dol- 
l)hin, W. r. Sa;/ic(ir(l, and Anna Becl; and the cargoes thereof, and 
other property in the couuter-elaim mentioned, or from in any way 
nefj«>tiating' for any compensation for, or for settlement or com])r()mise 
of the said <;laims, or any of them, or any other claim in respect of the 
said seizures and coidiscation, and from making" any application to the 
authorities of the United States, or of the Dominion of Canada, for 
l)ayment to them, or any or either of them, of any part of such moneys ; 

And it is lastly adjudged that the said Joseph IJoscowitz do recovci' 
his costs of this suit as against the said James Douglas Warren, and 
that each and every other i)arty to this suit do bear his and their own 
costs thcreuf. 

Matt. T. Begbie, C. J. 



SPECIAL PROCEEDING INSTITUTED IN REGARD TO CERTAIN 
CLAIMS AGAINST THE UNITED STATES. 

DISTUIGT OOUllT OF THE UNITED STATES FOK THE NORTIIEKN DIS- 
TRICT OF OALIFt)BNIA. 



m 



In the matter of the claims of certain British subjects for compensa- 
tion from the United States Government on account ol' seizures ol 
British Canadian scalers, ponding' in the State Department of the 
United States. 



ml 



ik. 



lie it renienduMed that on this 17th day of November, A. I). 1S!>2, at 
my ollice, room (51, in the United States aitpiaiser's building, in tlic 
city of San i'^iancisco, personally appeared befcu-e me, .lanu's S. .Manli'v, 
a comuussioner to take acknowledgments of bail and atlidavits, etc.. 
duly appointed by the *ircnit court of the United States for the nintii 
cir(!uit and northern district of California, Thomas II. Cooper, a witness 
on behalf of the United Slates in the abovecn titled matter. 

Robert Lansing, escp, and (Charles A. Sliiirtletl', assistant United 
States attorney, appeared as attorneys for flie Unit<>d States. 

And the said witness, having been liy me lirst cautioned and sworn 
to testify to tiie truth, the whole- truth, and uething' but the Lrutii in 



DEPOSITION OF THOMAS H. COOPER. 



321 



ai<l com- 
I Joseph 
lich may 
the nmt- 
(leclaicd 
he otlici 
d Joseph 
, Thomas 

I restrain 
f oftlieir 
id States 
or otlieer 
lusoever, 
iiid three 
er which 
1 respect 

re(>f, and 
any way 
ni)r<)mise 
;ct of the 
on to the 
nada, toi- 

moneys ; 
1 recover 
rren, and 
heir own 
1 

jj C J. 



;ertain 



ERN DIS- 



>mpensn- 
ziires ol 
t of the 



1S0L>, at 

H'. in the 

Manh'y, 

its, etc.. 

le nintii 

witnes.s 

United 

d swoiii 
truth iu 



tho ease aforesaid, did thereupon depose and say as follows, that is to 
say: 

Thomas II. CooPEr., called on behalf of the United States, sworn. 

Mr. Lansing: Q. What is your uame, age, residence, and occui)a- 
tion? — A. My name is Thomas II. Cooper; age, ilO; 
residence, northeast corner of Laurel and Sacra- Eji^erience. 
mento streets, San Francisco; occupation, black- 
smith. 

Q. How long have you been a resident of San Francisco? — A. Thirty- 
three years. 

Q. Are you an American citizen? — A. No, sir. 

Q. You have never been naturalized? — A. Kever. 

Q. You have been the owner of several vessels wliich have been en- 
gaged in sealing?— A. Yes, sir; they are in my Nominal owner of the 

name, I presume. " Saiiu-ard," " Thornton," 

Q. They were in vour name? — A. Yes, sir. " Anna Beck," " Dolphin," 

Q. What were the vessels of wliich you ^s(ix(i' Grace," and" Onu-ird." 
the owner? — A. To tell you the truth, I know very little about them. 
They were sold at slKuilf's sale up there, and I bought them for ouo 
dollar. 1 was advised to do so by Captain Warren. 

Q. Up where? — A. Up iu Victoria. 

Q. AVhat were the names of the vessels? — A. I really couldn't tell. 
There was the Snyn-ard and one was called the Thornton. 

Q. Can you give the names of the other vessels? — A. I can not give 
the names. 

Q. AVould you know them if they were repeated to you? — A. Yes, 
sir; I would know some of them. 

Q. The Anna Bcckf — A. Yes, sir. 

Q. The Boljyhinf — A. Yes, sir. 

Q. Tlie Grace or Gracey? — A. Yes, sir; I think so. 

Q. And the Onicard? — A. I was only up there a week or two. I 
know very little about them, and I have not been interested iu them 
since. 

Q. Will you state how you came to puichase these vessels? — A. By 
the advice of my brother-in-law. Captain Warren. 

He was to manage them, lie had my power of How ownership acquired. 
attorney to manage them, and he knows all about 
tliem. 

Q. And you paid one dollar for them? — A. No, sir; I paid one dollar 
for the whole lot. 

Q. For the whole lot? — A. I think so. 

Q. When was this?— A. In 188(5. 

Q. When you made the pundiase they were sold under a mortgage? — 
A. I believe so. 

Q. Who held the mortgage? — A. A man by the name of Boskowitz. 

(.),. What is his tirst name? — A. Joseph, I think; Joseph Bosko- 
witz. 

Q. How many vessels did you purchase for one dollar? — A. I couldn't 
tell you; 1 bought them all. 

Q. Were those mortgages ever jiaid on those vessels? — A. I really 
couldn't tell you that. 

Q. Were you the sole owner of these vessels? — A. I bought them for 
line dollar, I belie\e. 

(,>. All of them? — A. Yes, sir. I suppose they were subject to a 
mortgage. I c(mldn't tell you that. 

Q. l)i(l you buy these vessels for yourself ' — A. I was advised to buy 

X23U1 21 



322 



OWNERSHIP OF CERTAIN SEALING VESSELS. 



them by Captain Warren, and he was to manage them,andlliavepai(l 
very little attention to them. 

Q. Did you j)ay the dollar? — A. Yes, sir; I authorized him to do it. 
I was not there. 

Q. Subsequent to the purchase of these vessels did Boskowitz hold 
a mortgage on them? — A. I believe so. 

Q. For the full value? — A. I couldn't tell you that. I really don't 
know whether it was a dollar or a million dollars. 

Q. You do not know the amount of the mortgage? — A. No, sir. 

Q. Did you give the mortgage to him? — A. I believe I renewed the 

Fesaeh remortqaged to mortgage. I know I Signed 51 lot of papers. I 
Joseph Boskowitz. was SO little interested that 1 don't know what I 

signed exactly. 

Q. If you purchased these vessels for one dollar at the sheriff's sale, 
and those mortgages were renewed in your name as mortgagor, they were 
certainly mortgaged, were they not, for their full value? — A. I could 
not tell you that. 

Mr. SiiURTLEPF : Q. Is it not a fact, Mr. Cooper, that you purchased 
those vessels for Boskowitz? — A. I could not tell you. They were both 
there and they told me it was a matter of form, and I would not be 
troubled any more. 

, , . Q. You just did as they directed you to 

invS"^ "" *" ^^ ^— ^- J^xactly. 

Q. You had no interest in them whatever? — 
A. No, sir; none. 

Mr. Lansino: Q. You have no interest in the vessels now? — A. No, 
sir. 

Q. None at all! — A. Only they are in my name and I was told to 
keep them in my name. 

Q. For what purpose was that done? — A. I could not tell you. 

Q. There must have been some talk about it? — A. Yes, sir; but they 
did not tell me anything. 

Q. You had some conversation in relation to it? — A. Not with them 
I did not. 

Q. With whom did you have a conversation? — A. I have heard froin 
hearsay — I have heard people say he was in debt to some one else. 

Q. Boskowitz? — A. No, sir; Warren. 

Q. Warren did not advance any money on these to Boskowitz? — A. 
I bought them for one dollar. 

Q. I>id Warren advance any money to Boskowitz on these vessels? — 
A. I could not tell you that. 

Q. Was it not a fact, Mr. Cooper, that those were taken out in your 
name for Mr. Boskowitz? — A. No, sir. 

Q. Do yon recollect a suit that took place in Victoria in which you 
were one of the defendants with Mr. Boskowitz? — A. No, sir; there 
miglit have been a dozen suits, but I don't know. 

Q. In which Mr. Warren was plaintift" and in which it appeared that 
Mr. Boskowitz was the real owner of the vessels, and that Mr. Warren 
was p«iid by him for managing those vessels? — A. I don't know any- 
thing ab(mt that. 

Q. You have never paid any money for the management of those 
vessels? — A. No, sir. 

Q. You have never advanced a cent other than that dollar which you 
told Warren to pay? — A. Warren has my power of attorney, and I 
don't know what ho has advanced; I don't know anything about it. 



DEPOSITION OF THOMAS H. COOPER. 



323 



,ve paid 
;o do it. 
itz hold 
ly don't 

sir. 

wed the 
pers. I 

what I 

ffs sale, 

I icy were 

1 could 

irchased 
ere both 
[ not 1)0 

you to 

tcver? — 

-A. No, 

3 told to 



n. 
but they 

ith them 

sard from 
else. 

ritz?— A. 

essels? — 

in your 

hich you 
ir; there 

ared that 
Warren 
low any- 

of those 

,'hich you 
>y, and I 
out it. 



Q. You never advanced to Warren any money for these vessels? — 
A. No, sir; I have never advaiued to Warren any money for these 
vessels, but I don't know what he has dime. 

Q. Did you ever receive any remunerution from the earnings of these 
vessels? — A. No, sir. 

Q. You have never received any share of any kind? — A. No, sir. 

Q. Have you ever been called upon to advance any money? — A. No, 
sir. 

Q. For the payment of those vessels? — A. No, sir. 

Q. Have you ever made any enquiries as to the earnings of those 
vessels? — A. No, sir. 

Q. Or whether it was necessary for you to advance any money? — A. 
No, sir. 

Q. And do you now claim any interest in tliose 
vessels?— A. No, sir; no more than 1 hold them ^,fj«™«"" *«'<"'''*' """"<* 
for Mr. Warren. 

Q. For wliat purpose do you hold them? — A. Tb'-it was the agreement 
between Wsirren and the other man. 

Q. That you were to hold them? — A. I was to hold them, and Mr. 
Warren was to have possession of them. 

Q. And have the management of them? — A. Yes, sir. 

Q. And Mr. Boskowitz was to be the moneyed man? — A. I couldn't 
tell you that. 

Q. There must have been some understanding? — A. There miglit 
have been. I just signed the papers and that is all I know about it. 
I was told to keep them. 

Q. Who was the owner prior to your i)urchase of these vessels? — A. 
I could not tell you that. I think Warren, but I am not sure. 

Q. You are not sure who was the owner? — A. No, sir. 

Q. Who was the holder of the mortgage? — A. It must have been 
Boskowitz. 

Q. Boskowitz was the holder of the mortgage? — A. Yes, sir. 

Q. 

I don't know that. 

Q. You do not know that he was in financial difliculties? — A. No, 
sir. I heard he was, afterwards, but I did not know. 

Q. When was it tliat he got into tiiiancial trouble? — A. I couldn't 
tell you that. I guess he is in them yet. 1 don't know. 

Q. Was there any arrangement that you know of between Mr. War- 
ren and Mr. Boskowitz as to these vessels? — A. I don't know the least 
thing about it in that resi)ect. 1 simply signed the paiiers. 

Mr. SlIURTLKFF: Q. You simply did as Mr. iHm ply acted aa Warren 

Warren told you? — A. Yes, sir; and the other and HoscowUz requested. 
man, too. 

Q. Who is the other man? — A. Boskowitz; and I came away, and 
that is all I know about it. 1 have heard lots of things. I heard I 
gave a mortgage for half of Victoria, but of course that was hearsay. 

Mr. Lansing: Q. You do not recolh^ct the amount of those mort- 
gages? — A. Not at all. I don't believe I read them. 1 know I did not. 

Q. Is it not a fact, Mr. Cooper, tiiat your name was used in this mat- 
ter simiily to cover up some dealings between Mr. Boskowitz and Mr. 
Warren? — A. I couldn't tell you what the arrangements were. 

Q. You never knew anything about it? — A. I never knew anything 
about it. 



Is it not a fact that Mr. Warren made an assignment in 18SG? — A. 



324 



OWNERSHIP OP CERTAIN SEALING VESSELS. 



\l' 



a.-i^ 



Q. You simply did this at the request of Mr. Warren? — A. I simply 
did it at the request of Mr. Warren. 

Q. And you really have no interest in these vessels at all? — A. No, 
sir. 

Q. None at all? — A. No, sir. 

Q. Mr. Cooper, if there was any understanding or agreement be- 
tween Mr. Warren and Mr. Boskowitz, you were entirely ignorant of 
it? — A. Yes, sir; exactly. 

Q. You simply did this at the request of these gentlemen? — A. Yes, 
sir. 

Q. Without knowing for what purpose it was done? — A. Yes, sir. 

Q. Do you know anything about a claim being jjoea not know whether a»y 
put in for you against the Government of tha claim u-aa putin for him. 
United States? — A. No, sir. 

Q. In relation to the seizure of these vessels? — A. No, sir. 

Q. Have you any such claim? Have you any claim against the 
United States Government for the seizure of these vessels? — A. I don't 
know. They are in my name, and I suppose the vessels have a claim. 

Q. Have you any claim yourself? — A. No further than they are in 
my name. 

Q. You have not really any claim against the Government? — A. I 
couldn't say. 

Mr. Shurtlefp: Q. Have you ever signed any claim yourself? — 
A. No, sir. 

Q. Or ever authorized any one to sign one for you? — A. Captain 
Warren has my power of attorney. I don't know what he has done. 

Q. Did you ever specifically instruct him in so many words to present 
a claim? — A. To do as he pleased. I don't know what he has done. 

Mr. Lansing: Q. Have you any claim against the Government of 
the United States? — ^A. I don't know. Those vessels are in my name, 
and I suppose the vessels have got a claim. 

Q. A vessel can not well have a claim. — A. The vessels were taken, 
I suppose. 

Q. Have you any claim from which you expect to derive any money ? — 
A. I expect the vessels will derive the money. 

Q. You cannot pay money to a vessel. The vessels have gone up — 
some of them? — A. Captain Warren has got my iiower of attorney, 
and it is all in his hands, and I leave it to him. I am not a lawyer and 
not a ship owner. 

Mr. Shurtleff: Q. Do you expect, in the event of any claim being 
allowed by the Government, that you will receive the money? — A. 1 
suppose I would get paid my expense for my trouble. 

Q. For the use of your name? — A. Not for the use of my name; for 
my trouble. 

Q. Have you ever advanced or paid out any money for legal ex- 
penses in connection with the seizure of those 
vessels? — A. No, su*. I have not paid any out of Baa incurred no cx- 
my own pocket. I paid my own expenses going ?«"««« »« connection toiih 
upanddovu. ' ' seizures. 

Q. Your expenses to Victoria? — A. Yes, sir; my expenses to Victo- 
ria and return. I never kept any account of them, as I did not expect 
to get them back. 

Q. Did you ever pay out, or authorize to be paid out, any money for 



!» 

1 j^"! 



I simply 
-A. No, 



nent be- 
oraut of 

-A. Yes, 



!S, Sir. 

whether any 
ri for him. 




DEPOSITION OF THOMAS H. COOPER. 



325 



ttie tmnsportation of tlie crews of these vessels from Sitka dowu?-A. 
1 further certify that the said deposition of Thos. H. Cooper was taken 

berso\1"^"S^^ 

nounc'l trcirrect"^^^ '^'^ '^'^" ^^ *^^ ^^^*"««' '"'^^ ^^ 1-- l-o 

No^4m£7l89^'''''^ ^ ^''''' '''''''''*^ '^* "'^ ^'^"'^ *''^' ^^^^' *^^y ^^ 
[SEAL.] (Signed) j s Mantt^v 

Commissioner U. S. Circuit Court, Northern Dutrict of Caii^rnia. 



i i ! , ' 



linst the 

.. I don't 

a claim. 

sy are in 

t?— A. I 
urself? — 

Captain 
8 done. 
present 

done, 
nment of 
ny name, 

re taken, 

noney? — 

one up — 
attorney, 
wyer and 

lim being 

y?-A. I 

lame; for 
legal ex- 
red no c.r- 
nection with 

to Victo- 
ot exjject 

noney fov 



! ■ 






Hi! 



|)'^ 



P 



t»i 



LIBELS FILED AGAINST SEALING VESSELS. 



United States of Ajierica, 
Offtce of the Solicitok of the Tueasury, 

Washington, December SO, 1892. 
Pursuant to sec^tion 883 of the Revised Statutes of the United States, 
i hereby certify tliat the annexed statement contains a list of all libels 
hied under section 1956, R. S., in U. S. courts, iu the Territory of 
Alaska, since Aug. 27, 188G, so far as reported by U. 8. attorney to 
this office. I also certify that it is the duty of U. S. attorneys to report 
such suits to this office. 

In witness whereof I have hereunto set my hand and caused the seal 
ot the office of the Solicitor of the Treasury to be affixed, on the day 
and year first above written. ' 

[s^^-] W. P. Hepburn, 

Solicitor of the Treaswy. 

827 




iW 



328 



LIBELS riLEn AGAINST SKALING VKSSELS. 



" S . » 

^ ^ Q O fit 

C*2 BD 2 U 



* » s- 
I « o „ 

t: a fc^ «^ 

£-= E a 

■10 = 

1 = 1" 

4; ^J -M O 



a 



es 

A 



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a a 



■a 
a 



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— .= ■/; S 



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</. ^.- 'fr «. ift- fcj *i 

■ = -^ 1^ .^ ti .^ -- to 



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t; ^ — !j ,o a B 



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a a a 3 a 



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O • • • C • cc O • r. C X 



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to '= -c -r -s -s -CB 



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« pci ?;<;«» <)?:«:; 



•!l -^ -^ -^ 'l' -- -^ 



■< t;i;p5 '<S?;«<S'^'1 



APPRAISI'Ml'NTS OF SEALING VESSniS. 



.a 
.3 



District of Alaska, Clerk's OFFiri!, 

ISitli-a, AUmka, October J5, 1802. 

To tlio 

Honorable Secretary of State, 

]V<(shi)i!it(>n, 7). C: 
J)EAR Sir: liofcninjj to your trlcyraiii of September 17, 1802, to the 
lion, collector of customs, I'ort Townscnd, Wiisli., and by liim for- 
warded to tliisoflice, 1 desire to say tliat tlie certified copy of tlie ap- 
]>rai8al values of vessels seized, 18S(i-l 800, in tabulated form, forwarded 
to your Department October 3, 18i)L!, is incorrect. 1 liave therefore ])re- 
l»ared certiiied cojaes in full of all the api)raisements ol" such vessels and 
carjjoes on lile and of record in my otlice, which, together with a <!or- 
rect tabulated statenu'ut of such appraisal values, 1 herewith ench)se. 
Very respectfully, 

N. 11. PECiilNPAUGn, 

Clerk. 



a 



To the 

lion. Lafayette Dawson, 

Judge of the United States District Court, District of Alaska : 

We, the undersi})tned, appointed and sworn this Kith day of Aupist, 
A. D. 1887, to appraise and value the schooner San Dieyo, her tackh', 
ap])arel, furniture, and boats, and such portion of her cargo ap may be 
in this port and can be viewed, report as follows: 

We appraise and value said schooner, her tackle, rigging, and apparel 
at seven hundred and sixty-six dolhus ($7()(}.()0); her furniture at one 
liundied and sixty-live dollai's ($1(!5.(K)); her four boats, oars and oar- 
locks at two hundred dollars (^200.00) ; her salt ten dollars (8lO.(»0); 
in all, the sum of elaven Inindred and forty-one dollars ($1,141.00). 
Dated at Sitka, Alaska, this 10th day of August, A. D. 1887. 

John G. Brady, 
W. R. Mills, 
J. M. Vanderbilt, 

Aj)praisers. 

The TJniteb States of Aiviertca, 

District of A laska, ss : 

I, N. E. Peckinpaugh, clerk of the UiiitcdStatesdistrict court for the 
district of Alaska, do hereby certify that the foregoing copy of the ap- 
l)raisement of the schr. San Dicffo, her ta(tkle, ap))arel, furniture, boats, 
and cargo has been by me conii)ared with the original, and that it is a 

329 



I' 1 



330 



APrKAlSKMKNTS OK S1.:ALIN(5 VKSSELS. 



ronocf (rMiiscripl Mu'icfroiii nnd of {ll(^ wlutlc ofsucli oiijiiiuil, na Hio 
Siiiiu' iipiu'iirs olicford on lilc ;i( my ollico aiid in my cnsfndy. 

Inlcslimoiiy Miicn'ol' 1 liavr licrcniito set my liiiiid :ind jillixcd tlui 
{n\\\ of Siiid t'ourtaL SitkUjiii said dislricl. (Ids ir» d;iy olOrtohcr, ISIIL*. 

[SIOAL.J N. !;. I'JH iilNl'Alc;!!, 

Cleric. 



Sitka, At^aska, Stj)trnihn- SO, 1RR7. 
Tlio iind('rsi<;n«^d liaviiifi: been appointed appraisers by tlu^ Hon. 
Lat'ay<'tle Dawson, jndjie of tiie l', S. eouit foi- the distiiet of Alasi<a. 
lit ai>praiso the valne of the seh. Salvia Handy, ai»|)arel, fiuniture, and 
Htores, bej; to stat«' that we vabio tlie sai<i vesstd, iiu'bidin}; ai)parel, 
iiuiiitiuc, and stoics, at forty-thice hundied and liffy doHars ($4,.'{r>(MK)). 

\\ V. 1 1 m'.N A I -inoKSTONJi:. 
W. \{. MiiJ.s. 
J. ]\I. Vandkkimlt. 

(Endorsed:) In the United States district conrt for tin' dist. of 
Ahiska. Ai)praisers' report. I<'ih'd Sept. L'lM, 1887. II. 10. llay(h)n, 
clerk. iJy A. A. I\leyer, deputy clerk. 

The United States oi'^ AMinjKU, 

Vistrii-t of AtasJxa, .s,9; 

I, N. K. Peek injiau fill, cl(>rk of the United States district conrt for 
the district of Alaska, do hereby cei'tiiy that tlie foref;'oinf>' copy of the. 
a])i)raisement of the schr. tSi/lria Ilanili/, hei- appaicl, fnrnituic, and 
stores has been by nu' compare<l with tlui original, and that it is a cor- 
rect transcript therefrom and of the whole of such orij-inal, as the same 
npi)ears of record on lllc at my otVice and in mycnstocly. 

In testimony whereof 1 have hei'ennto set my hand and alTixed tho 
seal of said court at Sitka, in said district, this 15 day of October, 18t)2. 

[seal.] N. li. IMOOKlNl'AUUir, 

Clerk. 



Sitka, Ala«ka, Scpfnnhcr 10, 1SS7. 

The undersi'fjtiod having: been a])pointed appraisers by the Hon. 
Ijafayette Daw.son, jnd,L>e of tlie IJ. S. court for the district of Alaska, 
to a])praise the value of certain vessels, to,i;('ther with their apparel, 
furniture, and stores, beg to submit the following report: 

S.'Ii. Chnllnuie $.1, (.00, 00 

Sell . W. /'. .Si iiwai-d I . SII 1 . 50 

St. 8<li. Crave. 1 0, KM . 00 

St. 8ch, DoJphln 7. THO.OO 

St. 8oh. Antik Heck l.',(i()0.00 

Sth. Alice J. Ahjcr n, 108. 00 

Seh. Annie 1,170.50 

Sell. Z,i//j/ X 1,784.80 

J. J\r. VANDEinilLT. 
IvEl'lJEN ALBEKt'.TONB. 

J. E. Lennan. 

(Endor.«-od ;) Tn tho T'^nitod Slates district court, district of Alaska. 
Appraisd's' report. File 1 "^'eptember 12, 1887. U. E. ITaydon, clerk. 
IJy A. A. Meyer, deputy cl*. U. 



ill, ns 11 10 

\]\\Vi\ \\h) 
•Im'I', 1S!)2. 
(ill, 
ClcrJc. 



IIh^ Hon. 
)rAliisk:i. 
itiit'c, and 
•; iippiircl, 
i!4,.T.().(K)). 
JS'JONE. 

ILT, 

V <lisj, of 
. lla^doii, 



court for 
o|>y ortli(\ 
line, and 
t is a <',or- 
? tlic sanio 

lixcd (lio 
XT, 1892. 
Jir, 
Clerk. 



0, 7.9,97. 
Iu> Hon. 
Alaska, 
ipparol, 



$3, (.00. 00 
•1, Sill. 50 

10. tOJ.OO 
7, l'>0. 00 

L', (;(X).oo 
n, 108.00 

1,170.50 
1,784.80 

1/r. 

;'TONE. 



Alaska, 
m, clerk. 



APPRAI.SKMKN'rs OK SEALING VKS.SKLS. 



331 



TiiK Unitkd Htatks oi.' Aaii;ui(;a, 

.I>istric.t of AInskti, sft: 

I, N. li. IV>,i;kin|»a(ijj;li, clerk of t.lu! IJiiid-il Sliitrs (lislrict o.odifc for 
llit^ disliii'.t of Alaska, do licic^by certify thai tiie tor«';;oiiii;- copy of 
the ai)[)riiis(!ii»cnt of (he rollowiii};' vcs.sels, viz, sclir. Cluillcitiji;, srhr. W. 
/'. Sot/ward, st. sc-iir. (ir<ia\ st. sclir. Itolpliin, st., schr. A nun litrl;, .schr. 
AUic I. Al(jay\ Av,\\v. Annie, schr. /////// />., has been l>y me c»nn|»are(l 
with tlici ori;;iiial, aiul (liatit is a e(»n(>e( (iaiis<',ript tlMMf^lVoiii and of 
i]w. wliole of such oii^^inal, as the same ai»p<iais of rccjord on file at my 
ollicc .ami iit my cust(Kly. 

In testimony wheicM)!" I have hereunto sot n)y hand and adixed tlio 
seal of said court at iSitka, in said di^tricl, tliis ir» ihiy <»f Oidiher, is<»2. 

[SKiLL.] a. Li. i'JiClvliM'AlUill. 

Clerk. 



SiTICA, ,AT,ARrrA, Srpfrmhrr 7.?, 7.9,97. 
Tlio, undersi;;ne(l luninj:: ht'cn app >inle(| appi aisiiis hy Hh? Hon. 
Ijafayette Dawson, jdd^i'of tiie IT. S. (nniit for the distiiet of Alaska, 
to ai>praise the valno of ceiiain \cssels, lo;^cl!ier with their a|»i)arel, 
furniture, and stoics, bog to siibaiit (lie foiiowing r(![)ort: 

Sell. Ada.. $2,000.00 

Sell. Alpha S(M). 00 

ISt. Bcli Kale and Aiiitio I,'_'50. 00 

Ju:« i!i;.\ Ai,iii;wsi()NH. 
J. iM. VAMi)i;iMMi/r. 
\V. K. I\In,LS. 

(Endorsed:) Tn tlie TTnited States district court for the district of 
Alaska. Appraiseis' report. Iwlcd September i;j, 1661. JJ. E. Hay- 
don, (^h'rk. Jiy A. A. Meyer, (lejjuty clerk. 

Tub Unitud Statks or AMi;uroA, 

DislricI of Alaska, .s.9; 

r, N". K. roekinpaugh, clerk of tlie United States district court for flio 
district of Alaska, do iieieby cerlil'y tliat fiic'. Inrc^ning copy ol' tho 
api)rais(Mncnt of tlu^ following vessels, vi/,: Sciir. A'ln, Sciir. Alpha, st. 
Sclu'. Kate and Anniv has been l)y me coiiipaied witii tlie original, ami 
that it is a correct transcript th(!r<'fr(Mni(iid oi the whole of siicli original, 
as the same ai)pears of record on tile at my ollicM! and in my custody. 

In testinnniy whereof I have, liereiml.i .set my hand and ;'f!i\ed tho 
soid of said court at iSitka iu said distri<"-l flii-; !."• day of Odoln-r, \6\Y1. 

[SEAJi.l N. 11. I'K(;KiNPAU(j;n, 

Clerk. 



Sitka, Alaska, April 19. 1SS8. 

To tlio 

Honorable Difitutot Coitrt for i he Distkict of Ai.aska: 

Tho uudersigru'd appraisers ai)pi>in(ed l)y your liomtrable court 
nud sworn to ai)i)raise the value of tlui fur s(!al skins seized from cer- 
tain vesseliS uow iutlie cust(jdy of the Uuited States marshal, ordered 



332 



APPRAISEMENTS OF SEALING VESSELS. 



n ■ ' ■' ] 



to be sold on or alter April ISMi, 18S8, beg- to state that they have 
appraised the value of said seal .skins as follows, to Avit: 

Steam schooner Dolphin : 

(i\ sacks sujjposod to contain 618 salted sealskins $3,019.50 

Sclioonor Alfred Adama : 

130 sacks supposed to contain 1,379 salted sealskins 6,888.75 

ScIioDuoi' Alpha : 

30 sacks siipj)0sed to contain 389 salted sealskins J , 912. 25 

Stoinn schooner Anna JlecJc : 

34 sacks sujjposcd to contain 336 salted sealskins 1, 050. 25 

Schooner Lottie Fairfield ; 

45 sacks supjtosiMl to contain 443 salted sealskins 2, 033. 25 

Scluione: W. P. t^aiiivard: 

50 sacks snpijosed to contain 477 salted sealskins 2, 374. 25 

Steam schooner (iracc: 

78 sacks supposed to contain 760 salted sealskins 3,842. 25 

Schooner Ada: 

191 sacks supposed to contain 1, 876 salted sealskins 9, 394. 00 

Making a total of 640 sacks supposed to contain 6,287 i)elts, and total 
appraised value of said property amounting to 31, 144. 50 

The undersigned appraisers have likewise iippraised the following 
arms and ammunition of the schooner Alfred Adttmn, to wit: 7 double 
barreled shot guns, 3 • ifles, 2 muskets, 3^ kegs of powder. 20!) shells, 
loaded; 190 shells, eni,)tv; 110 cartridges (4 1 cal.); 71) cartridges (45 
cal.); 54 cartridges, sniwll, and 500 priinei-s, the total appraised valua- 
tion of which is herewith submitted at $125.00. 

All of which is respectiiilly submitted. 

Dated April 19, 18S8. 

Jeff J. Kuehn. 

G EOl? GF, KO.STKOMETINOFF. 
EdWD. ClIAMBEllLAIN. 

Endorsed: Filed in open court April 19, 1888. n. E. Ilaydon, clerk. 

Tub United States of America, 

Dint r let of Alaslri, ss: 

I, N. R. Peckini>:ingli, clerk of the United States district court foi' 
the district of Alaska, do hereby certify that the foregoing copy of the 
appraisement of fur-sealskins and arms seized from the following vessels, 
viz: Str. Schr. Dolphin, Schr. Alfred Adams, Schr. Alpha, St. Schr. 
Anna necli, Schr. Lottie Fairfield, Schr. W. 1\ Safficard, St. Schooner 
(Iracc, Schr. Ada, has been by me ('omi)ared with the original and that 
it is a correct transcript therefrom and of the whole of such original, 
as the same appears of record on lile at my oflice and in my custody. 

In testimony whereof I have hereunto set my hand and aftixed the 
seal of said court at Sitka, in said district, this 15 day of October, 1892. 

[SEAL.] N. R. rECKINl'AUGH, 

Clerh 






"J y 



In the United States district court in and for the district of Alaska. 



No. 89. Stipulation. 



The United States 

Steam ScihtoNKw Kati; and A^na. ) 

It is hereby agreed and stipnlated between \V. M. Grant, ilniled 
States district attorney for and in beliiilf of the United States, plain- 
till' above miined, and M. I*. Berry, proctor for claimant, defendant, 



t they have 

... $3,019.50 

... 6.888.75 

... J, 912. 25 

... 1,050.25 

... 2,033.25 

... 2,374.25 

... 3,842.25 

. . . 9, 394. 00 

tal 

.. 31,144.50 

i follow! 11 <J' 

.: 7 doiibk' 
2r>\) shells, 
trulges (45 
ised valuu- 



ITINOFF, 
IN. 

don, clerk. 



court for 
;opy of the 
iig vessels, 

St. Schr. 

Schooner 
1 and that 
I original. 
Mistody. 
iffixed the 
Jber, 1892, 
GH, 
Clcrh 



ArPKATSEMKNTS OF SEALING VESSELS. 333- 

-L»oue at Sitka, March 23, 1888. 

Whit M. Grant, 

United States Attn. 
M. P. Bkkry, 

rroctor for Claimant. 
TiiE United States op America, 

District of Alaslca, ss : 

thJ'dT^tdct^oT Vl'?*i-"^'l' '?^'^^^' ^^'^. .^"'<^«'^ ^^''^^^ di^^^'ict court for 
I i?,ni^f- ?• ^\''^'^^^"' ^^o hereby certify that the foregoiu"- codv of' the 
->tii,uation tor the apimii.sed value of the cargo of thrit Shr A' >' 
and Ann has been by me compared with the ",r{giua laud h- t it s 
correct transcript tlierefro.u and of the wiiole of'sudi oriiin- 1 • s ^1, 
sane appears of record on file at ,ny oflicc and in n y catstody ' 

In estmony whereof I live hereunto sot niv hand and Mflixe,! fl.o 
scjU .1 said couitut Sitka, iu«aid district, this i^ d!!" of OetoK^l;;; 

ClcrJi. 



r Alaska. 



n. 



it, iTiiiled 
tes, plain- 
iefendant, 



334 



APPRAISEMENTS OF SEALING VESSELS. 






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33(5 



APriiAISEMENTS OF SEALING VESSELS. 



i>i £ 



To tlio 

Honorable DisTiiicT Court ov the Distbk;t of Alaska: 

Tlie uiitlcrsifi^iu'd iii>|)riiisers appoiiitod by youv Iioiioniblc court, iiiid 
SM'oni to iippraise the value of the cargoes of tlie selu)ouers IJIIi/ L.. 
Sau Jose, Annir, Allie I. Ahjar, iUkn, iSi/lria llantli/, and tlie sehooner 
Atujil Dolli/, lier small boats, tactkle, appaiol, rurniture, and <;argo, be,-; 
to submit: 

That in commencing^ their labors of aj)praisin;;' the fur-seal skins 
stored in the Government warehouse, their ])rof;ress was {•reatly ini 
peded by the unsystematic manner in which tliey were storccl, the 
vaiions h)ts, instea<l of havii),i;' been separately stacked and labeled, 
had been promiscuously thrown in heaps, without pretense to (>rd<'i' oi 
system. A nund)er of tiie sacks had been jiartially destroyed and rcn 
dered useless, havinj;' been jjnawcd l)y rats; and from the same (^ausc 
about a dozen i)elts were found to have been damaji'ed. Many of the 
taji's, with which the {greater part of the sacks had been marked, weic 
also destroye<l by rats and carried oil' by them to build nests witli, as 
was afterwards ascertained. In (uder to brinj>' some system into tiic 
chaos and to enable your api>raisers to proceed with their duties, your 
hoiuuable court was recpu'sted to enlarj>e their powers by intrusting; 
them to assort out and count by sacks the number of i)elts belonyiiii: 
to the other vessels, not included in the lists to be appraised. Uiidci' 
such instructions that i»oriion ol' the pelts were removed to an adjoin 
ing room in the warehouse, and after ascertaining' the number of pelts 
contained in each sack (by oi>eniny' a ciuantity of various sizes) to be 
live (5) bundles or ten (10) pelts to a sack. Each vessel's lot was aii- 
jn'oximated accordingly, the result of which count is herewith sui»- 
niitted, to wit: 

Scliooner Grace: I'vhu. 

78 sacks, supixised to contain 7(!l' 

Schooner Dolphin: 

62 siicks, supposed to contain t!ls 

Scliooner Aniiiv Heck: 

;{3 sacks, supposed to contain 3'X> 

Schooner .Ida : 

189 sacks, supposed to contain 1, 87:> 

Schixmer Sai/tcard: 

48 sacksi 8npi)osed to contain 171 

Schooner Alfred Adams: 

13!( sacks, 8U])posed to contain 1, ;?7I' 

Scliooner Lottie Fairfield: 

44 sacks, supjiosed to contain \\'.\ 

Schooner Kate and Ann : 

58 sacks, supposed to contain 577 

Schooner Alpha : 

39 sacks, 8upi)osed to contain obi 

Making a total of 690 sacks, supposed to contain 6,855 pelts. 

P)esides the above there remains an excess of ten (10) sacks and three 
pelts to make up for deficiencies in the various lots. 

The appraisement of the proi)erty to be ai)])raise(l, consisting of fur 
seal skins, is as follows by actual count and inspection, to wit: 

Schooner Anijel Dolli/: 

175 salted fur-seal skins $873. 00 

Schooner .In /lie; 

304 salted fur-seal ikins $l,475.r.o 

Schooner San .fuse: 

891 salted i'lir-seal xkins 4, 601. LT) 

Schooner Si/lrio llan.ii: 

1,678 BJvlted lur-aeal skins 8,323.1.'") 



SI :i 'l. 



APPKAISEMENTS OF SEALING VESSELS. 



337 



$7,971.50 
yi)G. 00 
915. 00 



SdiODiHT AlUi^ [. Ahjar: 

! ,.594 sii Iti'tl fur-seal skins 

,Sc!nKiiu'r KUen : 

195 HJiltfMl Cur-Beal akins 

St:lu)oiM;r lAllie L: 

19.'{ Hiiltoi! fur-seal skins '. .. 

Miikin<; 11 total of 5,030 skins iit an apjiraisfd viiluiition of $L'5, 188.50. 

Addiri}; to tins uuinbcr of o,(K}(> ])clts tlic lot not iii)i>rai.si'(l, but aj)- 
jiroxi mated at 0,sr)5 pelts, results in si j^rand total of 11,HS5 j:elts on 
liaiid, which number is li()7 in excess of the statement liande<l to the 
iippnii.sei's by the U. S. marshal, and agrees with the reports of the 
oflieers of the revenue cutters and the decrees of torleituic, as far as 
concluded, within 12 pelts. 

Tlio appraisenuMit of tlui sclioonor Anr/el IfoUji, its small boats, tackle, ap- 
parel, ete., acconliuj; to tlio testimony ulitaineil, and its arms and ammuni- 
tion 



n IS 

Thu arms and annnunition of the schooner Kllcii 

Tlu) arms and anunnnition of the schooner San Jose. 



$C,70 

79 

1G(J 

Copies of the statements of tlie U. S. marshal and the olTicers of iLo 
revenue cutters are herewith a|>pended for comparison. 
All of which is respc(!tfully submitted. 
Dated February liO, 1888. 

Jeff. J. Kitkhn. 

J. ]\r. Vani>i;khilt. 

GeOUGK Ko«TliO3IETIN01''F. 

statement of the U. S. marshal. — IAhI of^nllxpnt up In sacks. 

1594. All io L Alffar 1, 574 

Lill V L 193 

Anna licck 3.S5 

Grace 7()9 

Ellen 195 

Alpha 3K7 

Annie 301 

Kate an<l Anna .577 

\V. P. Sayward 474 

1873. Adii 1, 7S4 

1G7«. Sylvia Handy 1, .520 

Dolphin t!18 

Lotta Fairliold 443 

San .lose 891 

Alfred Adams 1,379 



(Error in footing) 11,433 



Shonld ho 11,443 

Augel Dolly (not included in the marshal's list) 175 



11, 618 



Statement of officers of revenue cutters and copies of decrees of court. 



Mliol. Algar 1,594 

I.Ulyl. -■ -- 

Aima Heck 

' 'Vace 

J.llen 

Alpha , 

\miie , 

l\ .lie and Ann;i 

W. P. Say ward ; . 



197 
336 
769 
195 
389 
30t 
577 
'177 



Ada 1,876 

Sylvia Handy 1, 679 



Dolphin 
Lotta Fairlicld. 

San .lose 

Alfred Ad.'ims . . 
Angel Dolly.... 



618 
443 
891 
1, 379 
17S 

11, do;} 



338 



APPRAISEMENTS OP SEALING VESSELS. 



The United States of Amekica, 

District of Alaska , ss: 

I, N. B. reckinpangli, clerk of the Unite<l States district court for 
the district of Alaska, do hereby certify that the fore^oinj^- copy of tlic 
apiu'aisement of the cargoes, etc., of the lollowiiij^' vessels, viz : Schooner 
Auflcl Dolly, schr. Annie, schr. San Jose, schr. iSyli'iti llamli/jSithr. AUic 
I. Algar, schr. Ellen, schr. lAlly L., has lieeii by me coiii]>aredAvith the 
original and that it is a correct transcript tlierefroni, and of the whoh^ 
of such original, as the same appears of record on tile at my ottice and 
in my custody. 

In testimony Avhereof I have hereunto set my hand and atTixed tlio 
seal of said court at Sitka, iu said distrii-t, this 15 day of October, liSIL'. 

[L. S.! i(. 11. i'EciiLlNPAUGU, 

Clerk. 






:H 






''}. 



^ 



TABIRS RHLATING TO CLAIMS OF BRITISH SUBJECTS 
AGAINST Tlir: UNITHI) STATILS. 

CompiU'd i'rum tlio Nchudulc of claims siiiiiiiilti'il nilli tlic itritii«li case and from Uio authorltlon 

t'iU'd III ciicli tabic. 



Table No. 1. — Value of vessels. 





ToiiiiaKo "I'd value claimud. 


Aotiiiil toiiiiaso and value. 


Names. 


TollH 

L'laiiiit'il. 


V.iluo 
L'laiiiiud. 


Value per ton dainii'd. 


Actual ' 

ri'i;ist(iriid 

toim. 


Kcal 
value. 


Value 
pur ton. 


Built.' 


Carolonu 

Tlioriiton 

Oiiwanl 

W. P. Say ward . 

OraiMi 

]>iil])liiii 

Alia 


32 

78 
91 

i:!5.i 

182 

171 

08 


$■^, 000 

0, 00(1 
4, Olio 

0, 000 

12,(1011 

12,000 

7, 000 


.■1!125. 00 

70.921 
42.55 

44. 28 

0.5. 9:t 

08. no 
lo:i. (10 


Avoragp, $59. 72 


31. 90 

29. :io 
35. 20 

59. 79 

70.87 
00. 10 
56. 95 


$1, 905. 06 

2, 2.58. 37 
1, 497. 70 

2, 047. 50 

5, 008. in 
4,114.49 
3. 401.05 


3. f 59. 72 

«70.92 
<.12.55 

M4.28 

J 05. 93 
■• 08. '.Ill 
i.VI. 7" 


No infor- 
inatiun. 

1801. 

1871. 

No iiifor- 
inatiou. 

1881. 

1882. 

1874, 














51,000 






20, 922. 20 ' ' - - 















' Ciillt'ctor of custoiiiH at Victoria. I'ritisli fJoluniMa. See p. 258. 

^ MiTciiiitile Nav.v I.int anil Maritiiuo Uiiuutury. rublLsULil for tUu Comuiittou of Lluyd'a. 

'•.VviTiii;!^ valiir pri- tun claiiuod. 

♦ Claiiuod value per ton. 

Taulk No. 2. — Value of vcascla. 



Names. 



ft rare 

Anna liick 
Dnlpliin ... 
Ada 



Value 
claiiued. 



$12, 000 

8, 000 

12, 000 

7, 000 



I Amount 
Appraised i rciili/rd at 
I vuliio.' sail) at I'lirt 
; TownHijuil.'' 



;;'j, ui;0 



$10, 404 

2. (iOO 
7,750 
2, 900 

23, 054 



$1,,525 

1107 

1.225 

1,11(10 

5, 557 



TIio owner.s cliiimrd tliat the appiai.Hrd values wrri' too li',;li and tiny ri I'liscd to bond the vi'.sspIh at 
tlinsr valur.s.' Mr. Wr.s(. the I'.iilisli niini.stfr, inriirmi'd j.lr. I'.ayanI, Si iriMaiy of Stale, llctnlni' 12, 
1.^88, lliat the appnii«i'nirnt nf llu> Anna Hi'ck was acieiiled and a.slvcd tliat a riappraisiuu'nt ot tuo 
Uiace and JJulpkin l)0 iiiil liiiri/.t'd.^ 



' The aiip aisnl value is I'loin tlii" oriuinal appiaiscincnt at Sitlci. si-e p. 1129. 

'■f Copy of till' ri'i'iiiil.'* of till' Inilril .Siati s iiiarsli.il I'lii' tlir di.^l lict of \ViUjhili;;toii, ji'i-'.f Ji. 421. 



'■> Sriiati' l)x. Doc, i'lfliulli CoiiiirusSi uccoud Btssiuu, >>'o. lUU, p. 71. 
* lOul., y. 70. 



839 



fTT' 



3-10 CLAIMS 01'' lllilTISII SUlJJKCfs AGAINST TlIK UNITED STATES. 

Taiiij'. ^o.'i,— Claims Jur inmiiance. 







5 


>*< 

to 




si 


o 


2 


i 




1 

9 


2 


4 








"21 


; 

V 

J 


i 




1^ 

a 


11 

.§ p. 


> 

*4 


I 

p< 


t3 

a 5 




ti 


KaiMM. 


k. 

y 

% 


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a 




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-a 


SI 


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1 


it 


*-* 

a 

o 


i 




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M 


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3 
<1 


3 

o 




/'.c<. 








1 


V 






i'.ot. 




y.ct. 




r.cf. 


('arolcim 




















$:i, 500 


$:jr)'j. no 


10.07 


yo. 2 


'riiornt^Mi 


X 1 , 'JOD 
*4,0UO 
XI, 1100 


$ 1!)'.'. h;i 
•jrto. no 

410.70 


H. 4 
0.5 
H.-l 


ID. ,S 


'H 
8 
8 


XI, 000 


$08. 00 


2 









4>llW;iril 











w. r. siivwuiii .. 


2, 000 


8U.r>!l 


r.. ;i 




ir>. 1) 












■:, 000 
1,400 


8'J1.40 
fi74. !I8 


H.4 
K.4 


•j,v •-• 

•J5. 2 


8 
8 


2, 000 
2, OHO 


SU.S'.I 
8U..'.'.t 


,V3 


I'i '» 










Aliliit I'll rU 


l.VIt 












2, 000 


M'21.40 


8.4 


vr. •• 


8 


2, 000 


f.u.r.9 


5.:i 


15.1) 




















3,;i81.31 

( 










2, lOU. UG 






:)52. no 







Tiitnl |ircniliini clainiiMl to Imvo botiu p.iiU, $5,890.77 



LI'I.II |ll V lllllllll I.l,lllll|-It nil 1II1>V UUI'll |llim, Vtf,UW,'.il. 

' l{.vt« im lull), oiillit, iiinl ciirp) tlin Hiiinti. (W. II. C. Fowler, scciotai'y Miiriiic IiiBiirniico ('oiii|>:iiiy, 
S.iii Knini'lHi'ii, |i. ;I41; N. 'I', .lanu h, lali< president Uiiiim IiiMiiianco (.'cuiiiiaiiy, .San Francisco, p. li^j 
11.1117 £5. buiilli, uiariiio sciiflsir.v Sua IiiMiiniino Company, .Sau l''raiici.sc«), p. ii4a.) 

Taulk No. i.— Claims for oiitjita and canjoca. 



Nanioa. 



(^(Hisum- 
ulilo ouUit. 



Caroleiin $1,381.10 

Thornton 2, OOH. 58 

Onward 1,1 115. flS 

\V. r. Sa V ward 2, -.m. 87 

(iraco ..' I 13,240.00 

Anna Hick ; '2, 8:!9. 41 

Uolpliiii ; 3,475.22 



No. days 
out. 



Amount claimed. 



10,424.70 



I 



71 
75 

54 

85 

io:i 
58 



Con- 
Humed. 



l^er cent. 
GO 
02.5 

45 
50J 
. 08f 

484 



Aniouiil. lAnmunI nn 
cuuaumcil. conHuniiil. 



$828. on 

1, 2.55. 09 
501.72 
1,05I..S9 
1,839.74 
I, 949. 73 
1,079.09 



$.'>52. 

753. 

0.14. 
1, 295. 
1, 400. 

889. 
1,795. 



SUioH 
Mei/.rd. 



7, 327. 04 



Tivo inontlis' voyage. 



680 
40:1 
400 
479 
781 
3;i4 
018 



3,701 



irr 






'|v^- 












!l 



Tlie calculations nro l).i8ed on tho longtli of a voyage as stated iu the suhedulu of cluiius, p. 6, sec. 4, 
.nppcudcd, to tliu IJiilish casu. 

Tahlk No. 5. 



Kunics. 



Average valiios claimed for wcapono, boats, and 
onuoes. 



Killes. 



-I- 



•I 



$20. 00 
25. 10 

"22.' 50 
25. 83 
22. 50 



Cnroleim 

'riiornt :'. 

Onwaid 

W. 1". Say ward 

1 1 race . ". 

Anna Heck 

1 loliili in i 22. 50 

AUred Adams 25.00 

iTnanita 

Tatlilinder 

Black DiauKind 

Lily 

lliunie 



Average 



Shotguns. 

$50. 00 
35. 4:1 
15.25 
40. 00 
40. 00 
40. 00 
40. 00 
50,00 



25. 00 
25. 00 



24.39 



25. 00 



55. 00 



S])oars. 



$4. 00 
3.00 



4. 00 
4.00 
3.00 



39.07 



3.00 



Boats. Canoes. 



$100.00 
153. 17i 



124. 78 J 

140.50 

75. 00 



$62. 124 

"49.' 50 
.50. 00 
57. 00 
,57. 00 
63.02 



118. 09 



57. 59 



The following are the inrukct values: riHes '$12.50, shotguns "$25.00, boats '$100.00; "$75 to $100.00; 

•$100.00. 



> JuLu A. Magee, p. 348. 



' A. P. Lurcutzcii, p. 314. 



» Couaul L. "W. Myers, p. 201. 



lTES. 



o 



^ 5" 



^ 






l'.(t\ 

II). U7 


V.fl. 




1 
















(1 














',(> Cmiipiiiiy, 



Kkitm 
Huizi'd. 



680 
40:1 
400 
471) 
781 

(>18 



A 



3,7Ul 



8, p. 8, 8CC. 'I, 



, boats, anil 



Canoes. 



62. 12i 



4il. ■''lO 
5(1. CO 
57. 00 
57. OU 
6:1. 02 



07. 00 
to $100.00 i 
oiB, !>. 2U1. 



TESTIMONY. 



A.-RELATING TO CLAIMS OF BRITISH SUBJECTS 
AGAINST THE UNITED STATES. 

Dcposilion of Cnpt. (J. A. Ahhcy, (Jailed Slates Revenue Marine. 

Unitrt) States of Amhrioa, 

tSt<ite, (Jountif, and City of New York, rnt: 

C. A. Abboy, boiii^' <liily sworn, <l('j»(»s(',s iuid says: 

1 was ill tlni yojir i.SH<» acaptaiii in tlni! rovoiuH'. .scrvico of tlic Uiiifod 
States, and in tiie inoiitli of Au{;n.st of tiio siuiu! year 
was in coininand of tiie (Jnitcd States revenue steamer omci:ii poHition. 
Corwin, and wliile aetin;? in that eapaeity, on or about 
tlielirstday of Aujfust in said year, seized tlieseliooner 
Cnrolena, a vessel sailiiifj under the liiitish Ihi^, for 
unhiwfully takiiifj fur-seals in the waters of JJi^'iiifj^ Sea. 

And I do furtluu- (l(^iK>se and say tliat no money was taken from said 
Reli(»oner nov from any of her oHieersor crew by m.\ >elf, 
and none was so taken to my kn(>wl(!d{je or informat ion N" mom-y takim. 
by any of my olliecrs or by my command or authority. 

(J. A. Al I5RY. 

Sworn to and subscribed before me, as witness my hand and ollieial 
seal this l.'ith day of December, A. I). ISi)2. 

[SEAL.J AUTIIUR M. WlKNKTl, 

Notary Public, New York County, k. Y. 



Soizmo of 
leua. 



Caro- 



Dejmsition of W. IT. C. Fowler, marine aecrclnry of California Insur- 
ance Company. 

State of California, 

City and County of San Francisco, ss: 
W. IT. 0. Fowler, beinji' duly sworn, deposes and says: 
I am forty-two years ot aj^fe, and leside in San Fianci.sco, California, 
and am a citizen of the United States. My oetiupation 
is tliat of insurance. 1 was marine se(!retary of the f*c''"P'i*'"n- 
California Insurance Company, of San Francisco, from ]8Sl to 18S0, 
and was secretary of said company from 188(5 until Aujru.st, 1892, .at 
which time I resijfued. 1 am thorouji^hly conversant with marine in- 
surance. The company to which 1 belonged carried insurance upon 
sealins; vessels. Tln^ rate of insurance on a vessel de- 
pends ui>on its a{?(;, condition, and latitude allowed, i"«""-'»n«o '"te- 
The usual rate on sealing- vessels at i)reseut is seven per cent; in 1880 

341 



342 



TKSTIMONY 



I 

i 



III 



iiiid l.S,S7 if w;is soiiio iiiovo; n fiiirly {rood vossol iit tliiit timo would Ix^ 

Iiisiiicd ill ii Vi\\v, IVoin riylit f(» nine per cent, ;iii<i we jiiiidc no disliiic- 

tion in riitc liftwcen Siiil mid slcnni vessels enji;i;;»'d in tliis business. 

The oullit is insured at (he siiine iiites as tin' hidl. The earji'o to the 

extent of tin' outfit is usnally insured un<lei' the out (if policy, and the 

cafidi as taken replaces the oiiflit. Jnsuiance on seal- 

iiij;' vessels is usMally tak(Mi ()nt in February ol each 

yeiir, altliouffli a. few do lake, insuiance in NovendHT or J)ecend)(>i' to 

seal alonji' t lie coast. On retiivn to home ])ort of tiie vessel from a 

Kl>riii}4' and .suiumer sealin<j; voyaji'e, which is usually in Aufjtusf or Sep 

teniber, the owners Ireiiiieiitly surrender their jxilii-ies 

for cancellation and receive a pro rata amount of the 

premium for oaoli nuuitli of unexi)ii'(Ml time. 

In insulin;;' a sealing;' vessel the premium is divided into four parts; 
one Ibiirth is paid in cash, the other three fourths in notes ]>ayable 
three, six, and nine uionths, with jirivilego of (Miicelins the i)olicy ou 
return of vessel to ])ort and I'eceiviiifj; the unearned ]>reinium. In case 

Siiziirp Vdids policy 



Quality of vcssoIh. 
Survey foe. 



of seizuiii th(! ])olicy becomes void from that date 
The vessels enj'aiucd in the sealiiij;' business uow are 
of a sujierior (luality to those usually enyaficd in the 
business in 1SS(! and 1887. The cost of survey is from 
ten to twenty dollars. 

Wm. it. C. Fowler. 



Snbs<'ribed and sworn to before lue this 15th day of October, A. U. 
18!»-». 
[SKAL.] ' Clement Uhnnett, 

Notary rabUc. 



^PcjwsUion of N. T. Jamcft, prcfiitlent of JTnion hisurancc Com])amj of 

tSan .Francisco. 






li?" 



M 



.' t'l 



•'■; ! 






m 



W X 



State of Camfounta, 

Citi/ and (Jounii/ of San Franciftco, ss: 

N. T. James, beiii^' duly sworn, de])oses and says: 
1 am forty years of a{?e; a citizen of the United States, and reside in 
San Francisco, ("alifornia. My occupation is that of 
insurance. Was ])resident ot the Union Insurance 
Company of Sau Francisco uutil quite recently, and was marine secre- 
tary of the Firemen's Fund Insurance (>omi>auy of San Fraucisco for 
seven years jirevious thereto, both coin])anies of which done a mariiu' 
insurance business, and I am thorou^tiily familiar with the rates paid 
by sealing vessels now as well as those ])aid in 18S() and 1S87. In tliose 
years the general rate was eight iier cent for total loss 

Insurance rates. n-o i 1^1 1.1. ii 

on Bering Sea sealers, ami they were not to go north 
of St. Lawrence Island. The rates on outfit was the same as on the 
hull. The cargo is usually, to the extent of the outlit, insured under 
the oiittit i)olicy, the same being consumed and the cargo takes its 
place. We made no <litrei'ence in rates of insurance bt^tween steam 
and sailing vessels. Insurance last year was alxmt seven ])er cent, or 
about one per cent less than in 188('> and 1887. The 
vessels engaged in the sealing business for the last 
year or two are a better <;lass of vessels than those 
of 1880 ami 1887. Insurance on sealing vessels is 
usually taken out in February of each year, although a few take out 



Quality ot vessels. 



luBuranco datp. 



RELATINO TO RRITISH CLAI^rS. 



343 



iiisnrmu'o in XovoiiiImt iind l)(MM>inli('r to seal iiloiifj tlio roast, TIio 
total piciiiiiini is (livi(U'(l into loiii' parts; one I'oiirfli is paid in «'asli,t)i() 
otlicr tiiit'c lomtlis in notrs payaitic in tliic*', six, and nin<i inontlis, 
witli tin', priviic^^'c of canceling' the policy on return of vessel to port, 
and svliere no loss is claiined tli«' preniiuni on each entire niontli, not 
entered upon, is returned t(» the owner. The <'Ost of 
surv<'y is from ten to twenty dollars. In case of seiz- 
ure of vessel the policy is void and the insured usually 
do not pay their notes, clainiiiiij that they are broken 
up. 

N. T. James. 

Snbaeribed and sworn to before me this 15th day of October A. 1). 
IS!)2, 
[SEAL.] Clement Uennett, 

Notary I'ublic. 



Kcbate. 

Survey tVo. 

Sci/.iins voids pol- 
vy. 



Deposition of A. P. Lorcntzm, shipping agent, owner, and oufjittcr of 

vessels. 

State op Califounta, 

City and county of San Francisco, ss: 

A, P, Lorentzen, beinji' duly sworn, deposes and says: 
J am fifty-four years of aj;e, an Aniei-ican citizen, and reside in Ala- 
meda, Cal, My occupation is ship])inj{a{jent and owner 
and outfitter of vessels. My place of business is 114 "^"'"pntion. 
Stewart street, San Francisco, IJave been engajjed in the business to u 
f,'reater or less extent since l.SG.'), and since 1885 I have been an owner 
and otherwise interested in vessels enj;a{?ed in the sealing busint^ss. 
Have fitted out vessels and am thoroughly familiar with the business. 
Vess«ils going on a sealing cruise are usually fitted out 
for an eight or nine months' voyage in January or Feb- ^j^"*^"*"^ of seai- 
inary of each year, and the cost of a complete outfit for 
a fairly good vessel, carrying a ci^ew of from twenty to twenty-five men, 
is about three thousand dollars. This would include the entire cost of 
provisions and subsistence of a crew of white men, Including insurance, 
as well as all other expenses for a complete outfit of a sealing vessel, but 
would not include advances to the men. In estimating the cost of pro- 
visions, water, etc, we allow fifty cents per day for each person (!om- 
posing a white crew, and it will fully cover the expense. 1 have had 
no experience with Indian crews, but, as they largely furnish their 
own subsistence and their own canoes, it would cost very much less to 
fit out a vessel carrying that kind of a crew. The cost 
of chartering a vessel from forty to a hundred tons, geaiers."^ fiiiartcring 
registered burden, engaged in sealing, is alxmt three 
dollars ])er ton, depending somewhat on the condition of the vessel 
and the denuviul at the time of charters. The cost of provisions and 
outfit at ]>resent, as compared with 1880 and 1887, is abimt the same. 
The cost of constructing a sealing schooner is .about a 
hundred dollars per registered ton. A small schooner spll^i"^^*. ^^ •*"'•'''"« 
might cost a little more per ton. The same would cost 
about eighty dollars i)er registered ton to build it in Victoria. The 



warn 



311 



TESTIMONY 



Vi('l(»rln vossrls iwo rmifjlior and not as avoII inndo, nnd I roiisidor tliom 
niucli int'crior t<>ili«>s(. niailcin S:iii I'^rancisco. One small Woat belongs 
rt'j^nlaily to tlu' soaliufj sclioonors, Tlic liuntinf:: Itoals arc a part ol' her 

oiUlU, and cost IVoni nin<'(A' loii liundrcd doliais in San 
UmiH. "^ '"•"""« Fntacisco. Tlic sanw willi snils cost about a- Imndri'd 

ami (en dollars wiicii new, hut tlicy d«'|)rcciatc (piitc 
rai»idly by use. i would not consider a Vicloriii nnnlc hunting boat 
worth over seventy live dollars when new. They arc in»t as stanncii 
and well »'onstru(!led as those made hy San I'^rain-isco builders. Wlial 
is known as noncousumablc supidiesdepicciate very rapidly by use. 

A, J'. LoinoNT/.iuN. 

Subscribed and sworn to bel'orc ine this IStli dav of October, A. J). 
ISiL'. 

[SKAL.] CM^MKNT BKN;<IK'rT, 

Aulati/ rublic. 






Dcpofiition of Charles Liifji'n.i, .tcalcr {master). 

STATr, or rAT.TF(iKNrA, 

('if 11 and Voun(}i of San Francisco, ,s,s\: 

C'harles Lutjens, boinj; duly sworn, deposes and snya: 
I am 50 years of a{?e, a naturalized citizen, and reside in Smi Fran 
Cisco, Oalilbrnia. J am owner and master of the seal 
ccnpa on. injv schooucr Kate and Anna. I have been enj;a^'ed in 

the sealinj; business since ISSd. Aly vessel is a small schooner of about 
oO tons and carries three sealinj; boats ami a crow of 12 men. 1 allow 
for subsistence for an 8 or \) moullis' <'ruise a hundred 
^^)utntting of .oai- ,i(,i],„.j^ p^,,. ,„.,„ ,,,. tAvelve hundred dollars for the en- 
tire cruise. This includes the waj^es of the cook. TIk^ 
rest of tlie crew jxo on a " lay." The cost of the r(>sr of the out (it is 
about cij^ht hundred dollars. These ])rices are very liberal and are for 
the very best outlit that can be obtained, for it has been my exi)eriem*e 
that the best outlit produce the best results. It is the practice of scalers 
to tit out in January and leave about the tirst of February and return 
to port in September. JMany vessels (it out less expensively than 1 do. 
This is particularly so with J>ritish ('obunbia vessels enff;'.f;e(l in the 
business, which are seldom as well iitt(>d out as American vessels. The 
cost of tittiufjout a vessel cariyiny; Iiulian hunters would be very nuich 
less, for the Indians furnish their own canoes and e(iuipments and fur- 

j^oon a" lay." There is no material dif 

lerence in the cost of outlittinj; a vessel now as com- 

])ared Mith ISSl! and 18.S7. 1 was seized in 1S87 by the 

United States rcxcnue cutter linsh for sealiuf;' in Jier 

other sounrw. i„jr Sea. About the same t imc tlic vcsscls W. 1\ Sai/- 

iranJ, Grace. Anna Heel-. Dolphin, and Ada were seized by the (lovern- 

nient. I had been abroiid of these vessels and was well acquainted 

with their ciJiidition and outlit at time of seizure. I would value the 

vessels and outfits at time of seizure, exclusive of the 

pe.MtTs. skins, to a person who wished to i)urchase, as (ollows, 

althou<rh if they had been sold at furccd sale they 

wou'.d probably have brought much less. 



nish their own subsistence and jio on a' 



When seized. 



'i 



nuLATiNCJ 'j'o nurnsTt rr,ATMs. 



315 



Value nf rfHurl and oitlftt. 

W.V. Ray wan! t". nno 

(!i;i<(>...". ><. (1(1(1 

All ,a Mc^ik (nl(l) C. (KM) 

l)(il|iiiiii 7, (MM) 

Ada ri,(MH) 

ScalilijX ill rx'tiiiy- Sc;! |)riic(ic;illy doses j lie l;il Icr |i;iil i»f Ail<jlist. 
TIic HCii Imm'oiik's so roiiji'Ii Jiiid llicic ;ii'<' so (c\v <l,ivs 
tliiit wo can lower boats lliiil, it, (lo(^s not iiiiv to remain „,'■'■'',',''" "'" "'"'''"^ 
any loiifxer. VV(^ {^o diiuM't to onr lionie ports, lor lliere 
are no seals in llie, Kortii Tacifie toliunt. a( lliat tirn«'or llio year. Tlio 
nninber (if seals <!aiijilit by one vess((l, or tln^ iiverafi(5 nniiilx^r caiif^lit 
l)V a niiiiiber of vessels, lias no ])aif '(Milar beariii;;' on „ ,, 
the eateli of another vessel or wliW sneh vessel nii;nht " " 
hiive ciuipht in a fiiven time. Oin- \'essel may be ineky and anotlxT 
nnlneky. Sealing-, like Avhalinp^, is a ventnre, and whih^ one may do 
exceptionally well, another may do vtiry poorly. This has always been 
the case in the sealing business. 

CnAni.KS lilTT.TKNR. 

kSnbseribcd and sworn to before mo tliis 22nd day of October, A. IJ. 
1S<»2. 
[SEAL.] Clement P.ennett, 

Notary rublic^ 



Dcpnftifinn of Alexander MeLcan, scaler (master). 



k. The 
)utfit is 

arc for 
)erienee 
' sealers 
I return 
an 1 do. 

in the 
s. The 
ry nnu'li 
and fur- 
'rial dif- 
as com- 
7 by the 
r in Jier 

/'. Sail- 



Oocupatlon. 



State or Oalii^'ornia, 

Cifj/ ami eoiinti/ of San Franeiseo, .in; 

Alcxau<ler Mcljcau, beinjiduly sworn, deposes and says: 
I am thirty-three years of ajjfe, and a master mariner by profession. 
I reside at San Fram iseo, and am a citi/en of the 
United State.i. I liave been en^aji'ed in hunting,' the 
fur seal in the i'eiinjx Sea. and North Pac-itic for the 
last ten yenrs. Have been owner and pait owner of ^iwicnre. 
vessels !'(i<>aged in the business. Was one of the tirst to entcM' Beriiifj 
Sea and en}::a};e in iitlajjichuntiiiG: of seals. I lave been one of the most 
siiceessfid of al' of those eiifjajfed in the business. Have Ix'cn in ]>er- 
inj;- Sea every season, except tlie last three, since 1.S.S2. Tin; huntiufj 
season begins in Hering Sea the fore part of .Inly and 
ends the last of August. I entered ISeriiig Sea"tliree n-nng s.a anaiinR 
years in succession on July 4th, and usually <'aine out 
August 2r)th, at which time the season practicially (closes. There are 
so few days after that wlu^n the weather will permit siu!cessful liunting 
tliat it does not ])ay to remain in the sea any longer. On leaving the 
sea the latter jiart of August all vessels make for their home pint, for 
tlieie is no seals to hunt at that season of tlie yeai' in the Noitii i'acilic. 
1 am ac(iuainted with nearly every vessel engaged in 
1 lie business ot catching seals; and tlie number ot skins 
taken by one vessel or a certain nunibc^r of vessels is no guide tf the 
miiiilier that might be taken by another vessel. So much depe ids 
on tinding the herd and k(u>]»ing with it in its journey along our 
coast to JJering Sea that wliilc oik^ vessel may bc! fortunate in this 
respect auothor, e(|iuilly well manned and witii the same number ol 



ii i. 



34G 



TESTIMONY 



w 




Uonl (It'crcasod oiio- 



iiMir. 



sinnll l»()u1s, inay be unroi-tiUKilo jiiid iiiny not socnro in imnil)or but a 
small i-cr cent of tlic skins taUcii by tlic Ibrincr. No correct estimate 
can b(^ made of the number ot sluiis that mi^i'lit bo taken in a {^ivon 
lime by Avhat otiier vessels liave done (»r by wiiat he vessel itseb' had 
Ibrmerly done, for too nnn-h depends on j^ood luclc in tliis ])recarions 
l)nsiness. The j>i'eater ])ortion of my life eadi year for 
the last ten years has been sjjont on board of a vessel 
as a. master liuntinii' the fur seal in the Uering Sea, or 
North Pacific, and 1 know from actual kno\vled<;e that there is not one 
half as many seals in thes(> waters that tliere were a few years since, 
and the decreas(^ in number li!is been so rapid in the last four or iive 
years that, if continued two or three years more, tliey will be so near 
killed olVlhat it will pav "o one to hunt them. It is 
true that a very few ot tlui vessels have made a fairly 
{i'ood catch this year, but that was brouj>ht about by those v«'ssels j^'o- 
in^' over to tlu; .Japan coast and falliu}^- in with the herds tliere that 
had not been hunted t*) any great extent. When In- 
dian hunters are em])loyed on a sealinj;- cruise they 
go on what is known "as a lay." They furnish their own canoes, and 
each canoe has a boat-i)uller and hunter. The rule is for the hunter to 
get one third, tlie boat imller one-third, and thevess(d one-third of the 
catch of each canoe. The vessel furnishes the supi)lies, but it costs 
only about one-half to subsist an Indian crew that it does a white crew, 
for the Indians live chielly on the tlesh of the seal and hard bread 
Sealing vessels are fitted out in February for an eight 
montlis' cruise, but they sometimes run into Victoria 
or to the west coast of Vancoiiver Island in Mayo 



Catch lu 1892. 



Indian liiintorH. 



Diitu ofoiitlitliiis 



ReBhipmont of ,hiue and ship their skins, j) 'eparatory to entering 



SlU'lU 



•atch 



Bering Sea. 



A. McLean. 



Subscribed and sworn to before jue this 7th day of October, A. D. 
1S{>2. 
[sioAL.] Clement IJionkett, 

Notary I'liblie. 



Deposition of Daniel McLean^ sealer (master). 

State of Cai,ifc)Unia, 

(J Hi/ and ('okiiIj/ of San Francisco, ss: 
DaniisL iAIcLi: a^. being duly sworn, deposes and says: 
1 am Ibrty-two years of age, and am a master mariner by profession. 
1 reside in San Francisco, and am a naturalized Ameri- 
can citizen. Have been <'ngaged in pelagic hunting oi 
fur seals in the North Paciiic and liering Sea for the 
last ten years, 'f he vessel in which I was in command 
secured the largest number ot" seals ever caught in any one season in 
those waters. I am what might l>e called a pione<M' in i)(>lagic hunting 
in the fJeiiin;' Sea. 1 usuallv enter the lU'iing Sea diir 
■,"sm"*^ ^''" '■"■"''"*■' ii'fi' <!'<' fore"i.iiit ot Miily anil leave the last of August. 
The sea becomes too rough to make it i)rolitable to 
hunt seal after .Vugust, ami it is the i>ra(ti('e for nearly all vessel '• en 



RELATING TO BIMTISTT CLAIMS. 



347 



hor 1)11 1 a 
cstiiiiiito 
n a }",ivo?i 
itself had 
•i<'('aiii)iiH 
li yoar tor 
I" a vessel 
iji? Sea, or 
s not ojio 
ars since, 
ur or live 
5 so near 
m. Jt. is 
le a fairly 
essels ^'o- 
Iiere that 
Vlien In- 
iiise tliey 
noes, and 
liuntei- to 
nl of the 
: it costs 
iiite crew, 
"tl bread 
an eiji'ht 

I Victoria 

II ]\Iay or 
entering 

!LEAN. 

cr, A. 1). 

'T, 

rublic. 



,t:n.£:ed in linidinj>' seal to leave about that time. A few sometimes re- 
main later for the pnrpose of tiyinj;' to raid the islands, but tliei'e ai'c 
so l\'\Y days tlial the sea is smooth enouj;ii to hunt after S<'|)lend)er 1st 
thatitdoes iiot])iiy to remain any loiiiu'er. After leavinj;- l>erinj;' Sea the 
last of Anj^iist all vessels <;o direct to their home port, for tlu-re is no 
seals to hunt in the Xortli racilic durini'' Sei>tend)er. 
Hie conditions lor vi successliil (^atcii are; so many that 
Avhile one v(ssel may take a jjreal many another with e(|ual as larjie a 
crew may secure only a small number. It letjuiics ex])erien«(', careful 
study of the, habits of the seal, and a tlior(mj;h knowledj?(- of theii- 
route of travel alouf? tli<! coast to lieriiif;' Sea to s(!cure a u'ood catch. 
1 have known vessels to leave jiort on the same day that I (lid with the 
same number of crew and boats, and at the end of the 
seas«Mi 1 had about two skins to their one. J know J^^^l .hcroase.i 
t HU'e is not one-half as many seals in th(i waters of the 
North I'acitic and Herint;- Sea that there were a fewyeaTs ajjo. At the 
rate they liave been decreasing for the last three or four years it will 
tak(i only alxmt two years more to use them uj). It is for the interest 
of the sealers and everybody else that something? be done at once to 
sto]) the indiscriminate slaujihter of the fir seal in 
those waters. Sealinj^ vessels were formerlj litti^l out 
in Febi'iiary for an eifjht-moiiths' cruise, but last year 
titted out earlier, so as to avoid beiiij;' warned. We 

usuallv run into some ])ort or i)lace in May or .June, „,?pil' '■!'''„'',""'" "^ "' 
..i.;.> ,>,.,. oi;,>.. iw>r,v,... ,.-.;..,.. ;.".+« u-. ..;.■,.. «i'""^ '•"^' "• 



Dull' iirdiillitliiiL;. 

some of them 



........... ..... ^,.,.. ........ ,.,,.„ .,, ,,.,,.^. ... »■...,, ... .-.^.. 

where we can s]iij> our skins betbn; ^'oinj;' into Jieriiig 
Sea in .Inly. 

Indian hunters j^o on \\ liat is known as a "lay," the vessel jyettii 
one third <»f the catch of each eaiioe, and the two In- 
dians (boal-imller and hunter) the other two thirds, i"'''^'" i""""-^ 
The vess(d furnishes t lie subsist(Mice aiul the Indians fniiiisli theircanoe <, 
sjx'ars, fiuiis, etc. It costs only about one half to subsist an Indian 
crew that it does a white erew. for the Indians live ebielly on tish an ' 
the ties'; of the sea!, with a little hard bread and tea. 

JJami;l McLean. 



Iff 



d 



Sub(4cribed and sworu to before me this 7tli day of September, A. ]). 
1S!>2. 
[SEAL.] Clement JJhnnf/i'J', 

Notary J'uhlic. 



ofessioii. 
(1 Ameri- 
iiitin<j' ol 
a tor the 
'onimaiiii 
eason in 
liuntiii!4 
Sea dur 
Aujuust. 
itable to 
ssel'- en 



Dci/osilion of John A. Magcr. jr., iiiaiiofiiiiji oirnrr of scaUuf; vcsficl.s and 

shii>jtiinj <((/( nl. 

StATI'. (»]■' ('ALTI'OUNIA, 

('ill/ anil Con nil/ <f San F)'anci»co, sk: 

-Tohn A. Mau'ce, Jr., beiiiin' duly sworn. dei>oses and says: 
1 am forty-three Ncars of ais'e. and an American <'iti/eii. INfyoccupa- 
tioii is maiiajiiii.u' owner and sliippin.ii' ayeni. riaceitf 
bnsiriess ;)1(» (lay street, San I*'ran<-isco. J iiave been 
eijj;a,ii'ed ill the business since issi. ami at i»resent am 
iiiaiia,!j;iii,i;' owner of four vessels. Have lilted out wlial- '-''■i"''""''"- 
iiiy and sealing vessels an<l am thoroughly conversant with the busi- 



Oc'ciiputioti. 



348 



TESTIMONY 



m 



' 'I 

I -■; 

.X-' 



Cost 
boata. 



of hunting 



Oiitfltting 
toriii. 



noRs, VoRsols aro. nsnally fitted out for a Roalinjj voyn<?o in tlio montli 
of .JamiiU'V or l'\'hiiiaiv lor a cruisoof (Mj-lit niontlisor 
erH."""""" "' '"''^' '^ y*'''^^"- Jt will cost to'outlit a, vessel of lorty ton reo' 
ister, Avitli three se:iliii,2,- boats and earryin<;- a crew oC 
twelve or tliirteeii men lor an ei<;lit or nine months' crnise, about two 
thousand four hundred dolliirs. in iiiakinji' my estimate J allow eij^lit 
liuudred dollars to <'ach seiiiin<i b,»at. One of a hundred and sixty tons 
rejiister usually carries six boats ind twenty-four men, and it would 
cost about forty-eight hundred dodiirs to outfit her. These estiiiiiitcs 
are very liberal (uies and are bas»Ml ui)on everythinjj- beiiij^' new and 
first-class in every particular, Avith an abundant siqiply of everythiii}.':. 
J t includes everything but the vessel and advanced wages to the sea 
uuMi. Ifthesuppliesareof an ordinary (juality and portion of thcamount 
second hand, having been in use in former voyages, as is the case in 
many instances, then it will cost very much less. New 
cosiof.si.ot.guns. siiot-guns <'ost about twenty live dollars apiece; good 
second hand ones can be bought from eight to ten dollars eacli, and 
rifles for twelve and a half dollars, (lood new sealing boats cost about 
a hundred dollars each, second hand onescan bebouglit 
for forty dollars, and a like disc(mnt should be made on 
other parts other (nitlit if it is not new. The cost ot' 
In vio onttitting vessels in Victoria is fully twenty per cent 
less than in San Francisco; chieily because the outfit 
is inferior in quality and less in quantity than those furnished American 
vessels at this i)ort. Occasionally a Victoria vessel is fitted out in San 
Francisco, and I have noticed that they scrimp in their supplies, and 
buy much cheaper articles than Americans. This is especially true of 
obi vessels that are sent out on sealing voyages from that port. Tiie 
usual allowance in estimating for subsistence is fifty 
Cost of subsifltenco ceuts a day for each man on "board the vessel, but tliV 
actual cost is only about t\'enty-tive cents per man. I 
am told that the big steamers running between here and China subsist 
their crews at about twelve and a half cents a day for each man. J 
have never had any exi)erience in fitting out vessels 
with Indian hunters, but as they furnish their own 
canoes, and their food largely consists of fresh and dried fish which 
they themselves furnish, it must be but a fraction of the cost that it 
takes to lit out a crew of white meu. There is but little dilference, if 
any, in outfitting vessels now and what it was in J<S8() and 1887 — a few 
things a. little more and some things less. The cost of charter in;,' 
schooners de])ends on the demand, but usually they can 
be had from two to three dollars a ton i)er month. I 
have just chartered a good vessel of seventy tons register for a hundred 
and fifty dollars, or two hundred and fifty dollars a month includin,i,' 
wages of the captain. All estimates are based u|)oii theregistered ton- 
nage of a vessel. 

John A. Magee, Jr. 



Indian luintors. 



Clmrterinfr seniors 



Subscribed and sworu to before me this liOth day of October, A. D. 
ISUL', 
[seal.] Clement I{j^nnktt. 

Hutary I'ltblic. 



RELATING TO BUITISII CLAIMS. 



349 



tlio mnnfli 
niontlisor 
y ton vv<i 
ii crew ol' 
ibout two 
illow oijiiit 
sixty tons 
it would 
cstiniiit* s 
' new iuid 
verytliiii^;. 
r» the sea- 
lieainoiiiit 
le case in 
ess. New 
;ece; good 
eaeli, and 
cost aboul 
bebonj-lit 
»e made on 
iie cost of 
f per cent 
tlic outfit 
American 
out in San 
iplies, and 
lly true of 
)ort. Tli(i 
ce is flltv 
pi, but thV 
sr mail. 1 
na subsist 
I man, J 
it vessels 
blieir own 
ish which 
^t that it 
t'erence, if 
87 — a lew 
harteriiiji 
y they can 
iiouth. I 
ihundnMl 
incdndini,' 
tered ton- 

EE, Jr. 
)er, A. n. 

PT. 

I'ltOlic. 



Deposition of George C. Perkins, iiencrnl anent of Vacijic Coast iStcrju- 

ship Coinpanij. 

State op California, 

Ciiy and Comity of San Francisco, ss: 

(leor<;-e C. Perkiiifs, of (Joodall, Perkins & Co., {jcneral agent for the 
I'acilic Coast St'-amship Company, of SaJi Francisco, being duly sworn, 
deposes aud says: 

1 am the secretary of the I'aciHc Coast S ;eamshii) Company; that 
we do no w^ and did in 18S() and 1887, rmi reg.dar mail y,. . 
boats between San Francisco, (Jalifornia, and Victoria, ''*'"^" '""' 
B. C. Also bcl ween Sitka, Alaska, and Vic-toria, B. G. 

The regular i)assenger rates between these i)oiuts in 
188G aiul 1887, were as follows : Paa~oaX '"'*'" ''° 

San Francisco to Vii toiia— 

Cabin $20.00 

Steerage. 10.00 

Sitk.'i to Victoria: 

Cabin r>0. 00 

.St«^■.rag(^ 30.00 

Port Wrangle to Victoria (wliicli rates would apply to passengora from Fort 
!Sinii>son to Victoria): 

Cabin .30.00 

Steerage 15. 00 

A liritiNli (Jolnnibia transfiortation coni))any which run.s between Fort .Simp- 
son and Victoria, 1 am int'ornicd, chiirges l)et\vc,eii tlio.so two [lointH lor — 

Cabin 20.00 

Steerage 10. 00 

Ckokge C. Perkins. 

Sub.H;ribed and sworn to before ine this 28th day of October, A. D. 
189li. 
[SEAL.] Clement Bjonnktt, 

Ifotary Public. 



Deposition of liar ry S. Smith, marine secretary of Sun Insurance Go, 

State of California, 

City and County of San Franci>:co, ss: 

Harry S. Smith, being duly sworn, deposes and snya: 
1 am forty four years of age; reside in Sai; Francisco; am an Ameri- 
can citizen, and am marine secretary of th(^ Sun Insur- 
ance Comi)any of San Francisco, l am familiar vith 
marine insurance, aud our company has carried for a 
number of years a line of insurance on sealing vessels, 
sonu' of them as far back as 188(1 and 1887. The rates 
(»t insurance on such vessels in 188(1 aud 1887, on hull 
and outlit was cigiit to nine per cent ])er annum. At prescit it is less, 
being alxuit seven per cent per annum, and \v<' make no di^^lIM•tion as 
to rail's between sailing and steam vessels engaged lutlu scaling busi- 
ness. I'he cargo to the cxleiit of tlu outfit is insured under the (Uitlit 
jiolicy, thecatchtaking the place oft lie outfit ccmsuiued. 
Sealing vessels usually take out their insurance in 
I'ebriiary or the last of -laimary, althi»ugh occasiiuially onetaki's out 
insurance iu the tall of the year tor sealing along ilu! coast in winter. 
Insurance iiremiums are paid »iUiuter iu cash at time of iusurancej the 



OotU|. liDa. 



Kxporicnco. 



iusurunuu ratu. 



lusuraiK i; ilati). 



350 



TESTIMONY 



I' 



otlior tlirco-iiuiirtors :iro in notes, jiiiyahh^ in I luce, siv, iiinl ninoniontlis, 
with the inivil<';;(' of siiricndciiii;;' (lie poiit-y on rctniii 
of tin*, vessel to port ami i('('('i\iii;4' Itack tli<^ nneaiiicd 
preininnis of stioli nionMis as lia\'r 'ot, Ixcn cntei'ed npon, l»ut no IVac 
lional jiart ofa ni(»iilli is eon; ' ' 'i^ in r«^tnrnin.i;' to the. V(^ssel's owmi 
any unearned premium. It is .• practices tor tlie vesstd on rcitiirn to 
its liome port, wliieh is iisnaliy in Ani^nst or Heptemhei-, to sni-reiidcr 
its policy and iipply tor rel»at<' of unearned |>reuiinni. 
The condition of llie policy is sucli tliati all insurance 
ceases at tlu' t iin<' of sci/.ure. A bet ter class of vessels 
sire ens^ati'cd in the scaiinu' business at |»ii^seiit than in 
ISStJand 18S7. The eustof survey is from ten to twenty 
dollars. 

IlAUUY S. vSmitii. 

Subscribed and sworu to belbrc nic this 17th dav of October, A. J). 
ISJ)!'. 

fSEAL.] (JlEMKNT HkNNKTT, 

Is'utufij i'ablic. 



Si'i/.iiro viiiilM pol- 
ii'.v. 

(Jiiulily (pf solioon- 



Survoj feo. 






Prposifion of Matthew Turner, .shipbuilder. 

Statk of ('AJJKOUMA, 

(■itjl ((Uil (.'ouuti/ of Sim Fnutcisi'o, ss : 
IMatlliew Turner, beinj^Mlnly sworn, deposes an-I sjiys: 
1 am sixty-seven years (»f aut^: rt'side in San I'rancisco, and am an 
American citizen. My occupati(»n is ship builder, and 
my ollice is lUl! Califoinia street. San I^'iancisco, ('ali 
tbiiua. 1 ennau'cd in sliip-buildin,u' in ISOS, and ha\c 
been continually in the business simte ISTJi. Diiriuu 
this time I have built a hundred and sixty-seven vcs 
sels, some of which are known as sealing schooners, 
to wit: 



Oiruiiatimi. 



Exprrii 



Cotil, of liiiililiTii: 
oalcrs. 



cost 


.- 


St ), 


(■().st !l. 


r> 


•ost 

rt'.i;;., cost 


5, 

3, 






UliU 
(Mill 

"ll II I 



Sclir. iri'iiricitM. Imilt in 1884, 40 toiiN roj,'., 
Sell)'. S;m .lose, liiiiltiii 1SSr>. 52 tons rt'ir., ( 
Srlir. ],v(li:i, built in Iss'.i. 38 tmis rt'n'., co: 
Silir. lli'rmau, Imilt in ISIIO, I'lO tons rej;., 
s. Iir. ()1l;.i, hiiilt in lS!tO, It! ions icij;. . cost 
>i hr. St. I'anl, l>nilt. in IS'.U), It") tons rcir.. < 
Sclir. Kvoivtt lliivs, Iniil; in IS'.lL', ii"i tons 

Those v^^ssels were tiist (d;iss in every ])articular, with Ji^alvanized 
iron tastoninu's and triiii>iiiii!;s and brass spikes, and were complete tn 
yo t(* si'a with tlie excoiitio-; of the bcddinji' and cabin furniture, whit ii 
would cost not to exeeeil a liiindred and titty dttilais to each vessei. 
The avcraui' cost of buildi'iii rhi^ class of vessels, <'omi)lete with evei> 
thitiii' ready to ,n'o to sea. is about a hundred doliais per rej^istered ton, 
th<»**- over seventy live tons costiujn" less, and those under ])erhaps a 
trille more. A vessel of a hundred anil fift\ tons register would cost 
ciuht.N live (bdlais per t<n to build in San Francisco. All calcalatittiis 
.ire matl«> on ihe n«'t rejiistered tomiajxe as made by the t'ustoin-hoiisc 
ohicials, wirli this exception, that fractional parts of a ton arc^ omittcil 
tVom tiiis stateiin'iit. The cost of building the same class of boats in 
Vit loria, 15, C. would be from twenty to tliirly dollais less per reui^- 
teied ton than in San Francisco. Timber is much less and laltoi- a liific 
lower, besides the coiistrnctioii is much infei'ior in woikmaiishi|) and 
materials to tliose made here, which is the main cause of their costiiii; 



UKLATINO TO URITISH CLAIMS. 



351 



loss. I liavfi n'|>air('(l some, of Mio sclioonors Miiit wcic hiiill at Vicforia 
iiiid luivc. iilwiiys touiul tlicm loiij^'lily inii(l(( and lackiii;;' in t,foo(l scit- 
poinj; (iniiliti«%s us conip-iicd witli thost^ niiidc at tliis port, altli()ii;;li 
those bnilt in tlu', last two or lliiec years arc better in tliis n^spcct llian 
those bnilt previons to 18S(J. 

MATTIIKW TUUNKIl. 

>SuI>serib( 1. and sworn to before mo this 21:th day of October, A. D. 
IS!»i». 
[bkal.] Clement Dennett, 

Notary i'ublic. 



•i 



Deposition of Theodore Thomm Williams, journalist. 

DLSTRICT ok (l()r,l'MIUA, 

City of Washuujtimy ss: 

Tiieodoro Tlioinas VViilianis, beinff duly sworn, deposes and says: 

I airi a resident of San Francisco, Oaliforiiia. I know A. Frank, of 
San Francisco, o'"tlie late linn of (Jutinan & Frank, of 
Victoria. A. Frank was born in 8an Francisco; was j.^aMk"'"'''''* "' ^' 
acit'zen of the United States; never threw olf liis al- 
legiance to the United States or became a. citizen of any other country, 
so far as I know or was informed; lie always passed among his ac- 
((uaintances as an American citi/en; he spoke of liims(ilf as an Ameii- 
can, and exercised the rights a'id privileges of American citizenship. 

1 know Mr. A. J. lieehtel, of the firm of (Jaiiie, .Muiisie, and Ijechtel, 
of Victoria, B. (J. Ue was introdm;ed to me as an 
American, iuid the introduction was made as one ii,!,fiIt,T"*''"^"^'^"^' 
.^ uiericau to another; he spoke of America, and sjtoke 
of himself as an American. It was understood in Victoria that he was 
an American. When I say " AmcM'ican" I mean a citi/.en of the United 
States. He universally passed in Victoria as an American; he was 
never known to have requested IJritish citizenship nor to have taken 
any stei)s towards obtaining the same. 

Joseph Boscowitz became a.n American citizen by naturalization, 
ccmving to the United States from Northern lOurope. 
He was well known on the Pacific c(.ast as a citizcm of h4'i'iwo^^^^^ "^°' 
the United States before ho went to Victoria to engage 
in business. He frequently spoke of his American citizonshij) astlumgh 
he were proud of it, and spoke of himself as an American in Victoria 
when doing business thoTo; he always passed as an American (citizen in 
Victoria. He had, sol was infoi-med by the late U.S. consiil at Victoria, 
Mr. Stevens, business with the consulate there as an American citizen, 
and was universally regarded and looked u])on, so far as t am inr''ine(l 
and believe, as an American citizen in Victoria. I know that ho owned 
a,u interest in the schooners which stood in the name of 
Captain Warren; but not only did he own an interest ..^^^^^''h" ;,'''''*"'''''' 
in these vessels, but furnished Warren money to obtani 
his share. I found that out fnnn his people; in making in(iuiries there 
I used al! sorts of ways — not dishonorable ways — 1 met men and with- 
out stating my business talked to them; and talked to i)eoplewho were 
associated with J>(tscowitz, and got fronj them such statements as this: 
"Oh, Avell, Hoscowitz put up the money for Warren; Warren did not 
have any money; Warren was a good man ("o have charge of that busi- 
ness; Hoscowitz ])ut up the money atid chsvrged large interest — ate up 
Uis (Warren's), share." And they also said that lJasi;o\vitz had gotten 



352 



TESTIMONY 



it little tlio better of Warren in the sellint; of skins. 1 never talked to 
Joe Boscowitz tibont tliat. I was woi'kinj;' secretly. 

„, . , „ „ It was while I was in Victoria in 1<S.S1>, that I learned 

wiifl oi.taiutd. these tacts m regard to the ownershij) or these vessels. 

Subscribed aud sworu to before me this 12th day of December, 18'Jl'. 

[seal.] T. T. Williams, 




I 



llr, 



w ' , 



% 



Deposition of William IT. WiUiions, United States Trcas'y agent 

charge of rribiloj' Islands. 



IH 



No claim against U. S. 



Citizenship of A. 
Fraulj. 

Frank's mortfrage 
on Alfred Adamt and 
Blaek Diamond. 



\¥-v. 



District of CoLunrBiA, 

City of Washington, 8s: 

William H. Williams, being duly sworn, deposes and saya: 

I am the United States Treasury agent in charge of the seal lislieries 

on the Pribilof Islands. 

On the 18th and 19th of October, 1892, 1 had conversations with Mr, A. 

Frank, at San Francisco, California, in the leather store 

aS™*'"" ^'^^ of Frank & Frank, on Battery street. He said to mo 

that he was the Frank of the firm of Gutman & Frank, 

of Victoria, B. C. ; that Gutman died at sea April, 1887 ; that he (Frank) 

did not own any part of the Alfred Adams or her outfit, nor was he 

interested in her catch; that he had no claim against 

the United States Government on account of theseizure 

of any vessel; that he (Frank) was an American citizen 

and was born in San Francisco, California ; that he had 

a mortgage on the Alfred Adams and Black Diamond for 

aboutone-halfof the value of each vessel at the time of 

seizure, and that he got a decree from the court at 

British Columbia permitting him to act as executor of Gutman at the 

time of his death, and that he renniined executor until Gutman's brother 

became of iige, which was about three years ago; that he then turned 

over the all'airs of Gutman, deceased, to his (Gutman's) brother. When 

questioned as to his interest in the Alfred Adams nwd 

Black Diamond, as to whether he was not a i)artner 

with Gutman, and that the mortgage Avas only a blind 

to evade British Columbia laws, he laughingly replied, 

"No; how could I?" He finally said, " My interest in 

the vessels was the same as Boscowitz's in Warren's 

vessels ; that he had no claim against the United States 

Government for vessels, outtit, or catch; and that he 

did not know that any claim had been made for him." 

He refused to make any statement in writing. 

The foregoing is a eopy of the notes nuule by me October 20th, the 

next day after the conversation took place, and states 

ac(;uriitely the substance of the conversation between 

the said Frank and myself in relation to his interest in 

1887, 1888, and 1889 in the British Colmnbia sealing 

vessels Alfred Adams (afterwards the Lily) aud the Black Diamond. 

Wm. H. Williams. 

Sworn to and subscribed before me, a notary public for and in the 
District of Columbia, this tenth d;iy of December, 1892. 
I SEAL.] Slvellon a. Brown, 

Notary Public. 



Franli'rt interest in 
iu tliu two suulurs. 



Frank's intorpst 
aimilar to ISoauowitz'. 



Frank refused 
niako statement. 



to 



T)ato 

notes. 



ot making 



Character of notes. 



talked to 



RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 353 



illeai'iu'd 

;e vessels. 

her, 1S'»1.'. 

MS, 



agent in 



1,1 iisliories 

itli Mr. A. 

itlier store 

said to 1110 

I & Frank, 

le (Frank) 

lor was lio 

ra against 

the seizure 

jau citizen 

lat he had 

iamondior 

;he time of 

i court at 

aan at the 

s brother 

en turned 

Wlieii 

dams and 

1 i)avtner 

y a blind 

y replied, 

nterest in 

Warren's 

ted States 

that lie 

for him." 



d 



2()th, the 
lid states 
between 
nterest in 
a sealing 
amond. 

:.LIA3IS. 

nd in the 

VN, 

Fablic. 



B.— RELATING TO FUR-SEALS AND TO SEALSKIN IN- 
DUSTRY. 

Deposition of Moses S. Barnard, coo^wr. 

State or California, 

City and County of San Francisco, ss: 

Moses S. Barnard, being duly sworn, deposes and says: 
That he is a resident of San Francisco, California, and is by occu> 
patioii a coojier; that during the past twenty years 
lie has been employed by the Alaska Commerciiil Com- '•'^i"^"'i<'"co- 
|)any in heading the casks in which are packed the fur-seal skins re- 
ceived by said comjiany from the Pribilof Islands; that up to 187U such 
sealskins were packed at the comiiany's warehouse; that I have seen 
such sealskins packed, and never saw but a very lew opened at the 
warehcmse to examine as to their condition; that as 
soon as the casks had been iiatiked and headed thev .-*" *■*'"« *""•'""• 

i. Ill 11 i Ai •! 'i rtnipped to Lo'iilm 

were at once ])laced on drays and drawn to the railroad from sanFiam:isco. 
station; that since 1879, when a vessel arrived in port 
with a consignment of sealskins, the skins were unioiided and packed 
ill bundles in the casks at the wharf, the casks being there headed and 
thence taken in drays to the railroad station for shi])meiit. 

Moses S. Barnard. 

Subscribed and sworu to before me this 17th day of November, A. 
I). LSU2. 
[SEAL.] Clement Bennett, 

Notary Fublic. 



Deposition of Charles J. Behloic, furrier. 

State of California, 

City and County of San Francisco, ss: 

Charles J. Behlow, being duly sworn, deposes and -says: 

I reside in San Francisco, State of California, and am by occupation 
a fur merchant, and have been so engaged ]»erma- 
iiently for the last 35 years, during which time I have xpencixo. 
l)eeu constantly handling large quantities of raw fur-seal skins from all 
ditt'erent locations, and can readily distinguish the respective qualities, 
size, age, and sex. 

Ou the 22d instant I examined twenty fur seal skins, ex-American 
schooner Man/ Brown, from the Bering Sea, and found 
the same to be fresh skins taken olf the animal within ^jJiXTJitch. ^'"'''-^ 
tiiree mouths last past, and the same were killed in the 
Bering Sea. 

On examination they proved to be the skins known as the Northwest 
Coast seals, and belonged to the herd which liave their rookeries on tho 
Tribilof Islands. The lot contained: 2 skins of the fur-seal, male (ma- 
tured); 4 skins of the fur-seal, gray ])up about one year of age, sex 
doubtful; 14 skins of the ftir-seiil cow (niiiturcd). 

Portion of the 1-t (m)ws referred to must have been very heavy with 
[uip when killed, and some few. Judging by the sliajie of the skin and 
lliaOi 23 




354 



TESTIMONY 



the (lev<?lopmont of tlic teat, must luivo been killed very shortly after 
giving? birth to its young. 

Ciis. J. Bkhlow. 

Subscribed and sworn to before nie this 27th day of August, A. D. 
1892. 

[SEAL.] L. MEININOEU, 

Notary Fublic, 



i;^:;^ 



k s 



Experience. 



Deposition of Charles J. Bchloic, furrier. 

State of Caltfoania, 

City and County of San Francisco, ss: 
Charles J. Behlow, being sworn, deposes and says: I reside in San 
Franciseo, State of California, an<l am by oijeupation 
a fur merchant, aiul have been so engiiged permanently 
for the last 35 years, during which time I have been constantly han- 
dling large quantities of raw sealskins from all dillerent locations, and 
can readily distinguish the respective quality, size, age, and sex. 
On the 24th instant I examined !)49 salted fur-seal skins, ex- American 
steamer City of Pueblo, from Victoria, and found i\n\ 
catih"'of*Sr!»"//p^f same to be fresh skins taken off the animal within eight 
nenriftta, Kate, Fa- mouths hist past, and that they were killed in the Nortli 
"""'''■ Pacific, and to the best of my knowledge and belief 

were the catches of four British seal schooners, Winifred, Henrietta, 
Kate, and Favorite. 

On examination they proved to be the skins known as the Northwest 
Coast seals and belonged to the herd which have their rookeries on the 
Pribilof Island. 

The lot contained 73 skins of the fur-seal, male (matured); 72 skins 
of the fur-seal, gray pup under one year of age, sex doubtful; 804 skins 
of the fur-seal cow (matured). 

Most all of these 804 cow skins above referred to must have been 
heavy with pup, and the same cut out of them when captured. 

Chs. J. Beiilow. 

Subscribed and sworn to before me this 27th day of August, A. D. 
1802. 

[SBAL.J L. MeININGEB, 

Notary Fublic, 






Deposition of Charles J. Behlow, furrier. 

State of California, 

City and County of San Francisco, ss: 

Charles J. Ik'ldow, being duly sworn, deposes and s.ays: 
I reside in San Francisco, State of California, and am by occupation a 
. ^ fur merchant, and have been so engaged permanently 

.xiierienco. ^^^^ ^^^^ ^^^^^ .j.. ^^..^j.^^^ duriiig wliicli time 1 have been 

constantly handling large quantities of raw fur-seal skins from all dif- 
ferent locations, and can readily distihguish the respective quality, 
size, ago, and sex. 



RKI.ATIXf} TO FUW-SEALS AND SEALSKIN INDUSTRY. 355 



^'i 



tly after 

QLOW. 

It, A. I). 

u, 
fublic. 



e in San 
scupiitioii 
naiiontly 
iitly han- 
ious, and 
iex. 

American 
bund tlic 
:hinoijilit 
the North 
nd belief 
'lenricUKj 

ortliwest 
es on the 

72 skins 
804 skins 

lave been 
I. 

illLOW. 

ist, A. D. 
Public. 



npation n 
inanently 
lave been 
)m all dit- 
quality, 



On the ir)t]i instiiiil T exiiiiiiiied \'M siilted I'lir se;!) skiiisex-Aiiieiiean 
i)iiikeiitiiie ./. .1. Falkcuberii^ IVoiii Sound Point, Aliiskii, 
iind found the same to be fresh skins tiiken oil (he ani- .vli^ivJ'jrti!,!''" ^'^ 
niiil witldii !( months liist jmst, and thiit they were 
icilh'd witliin the North Paeilh-, and ;is 1 am informed are tlu' eateh of 
tiio Anierie;in sehooner Ln Nhifa. 

On examiiiiition. I found tliey were tlie skins known as the Northwest 
Coast seals, iind helonj; to the herd whicli Inive their rook<'ries <»n the 
I'riltilof Ishinds. Tlie lot contained .'5 skins of the fur-seid bull, L'l 
skins of the fiir-seiil muh^ (nuitured),7 skins of th(( fur seal j;rey ])up 
less tinin one year of aj^c (sex doubtful), KiO skins of the fur seal cow 
(matured). 

From tlie shapt^ of these cow-skins most all of tluMii must have been 
iieavy witii pup, and the same cut out of them when captured. 

Ciis. J. IJkiilow. 

Subscribed and sworn to belbre me this 21st day of September, A. D. 

ISilL', 

[seal.] Clement Uiinnett, 

Notary Vublic. 



Drpoaitum of Chdrh'.s J. Bchlow, furrier. 

State of ('ALiFitKNiA, 

Cili/ (Old (Umnty of Sun FrHuciscn, ss : 

Charles J. llehlow, beinjj,' duly sworn, dejioses and says: 
I resid(^ in San Francisco, State of Calitbriiia, and am by occupation 
a fur merchant, and have been soeiij;aji'ed jiermanently 
for the last lio years, durinj; which time I have been con- ^''i'""""'^- 
stantly handlinj;' larj^e (piantities of raw fur-seal skins from all dilTcrent 
locations, and can readily distinguish their respective (luality, size, 
age, and sex. 

On the I4th instant I examined 3(i2 salted fur-seal skins, ex-Ameri- 
can barkentine J. A. Falkcnbcrg, from Sound I'oint, 
Alaska, and found the same to be fresh skins taken oil" 9<""i'<>«'iion Thi»- 

, . , .,, . n .1 1 X i ^ • 1 • 1 1 He * cut ill. 

the animal within S months last past, and that they 

were killed witliin the North Pacific. T(» the best of my knowledge 

and belief they are the catch of the iliitish steam schoonei' Thistle. 

On examination, I found they weic the skins known as the North- 
west Coast seals, and belong to the herd which have their rookery on 
the Pribihd' Islands. The lot contained: 1 skin of the largt'l'nr seal 
Imll, 2S skins of the fur-seal male (matured), !'!> skins of tiie fur-seal 
grey pup less than one year of age (sex doubtful), '.'Mi skins of the fur- 
seal cow^ (matured). From the shape of these cow-skins nntst all of 
lliem must have been heavy with pup, and the same cut out of them 
when captured. 

Ciis. J. IJeiilgw. 

Subscribed and sworn to before me this 21st day of September, A. D. 

IS! 12. 

[SEAL.] Clement P>i;nnett, 

Notary rublio. 



B 






.o^\^ 




IMAGE EVALUATION 
TEST TARGET (MT-3) 




1.0 



I.I 



*::!IIM iiM 



2.0 



1.8 





1.25 1.4 1.6 




■■ 6" 


► 




Hiotographic 

Sciences 
Corporation 



23 Wic^ . MAIN STREET 

WEBSTER, NY 14580 

(716) 872-4503 




Jk 



V 



yj^ 






i/j 







356 



TESTIMONY 



Deposition of Charles J. Behloic, furrier. 

State of California, 

City and County of San Francisco^ ss: 

Charles J. I'elilow, being duly sworn, deposes and s.ays: 
I reside in San Francisco, State of California, and am by occupation 
Experience '"' ^"'' '"^*>'<'l'i>"t> "ml Inivo been so engaffed pernia 

nently for the last .'{r» years, during which time I have 
been constantly haiHlling large (|uaiitities of raw fur-seal skins, from 
all diflerent locations, and can readily distinguish the respective quality, 
size, age, and sex. 
On November 7th, 1892, I examined 210 fur-seal skins ex-schooner, 
City of I'ueblo, from Victoria. I believe these skins were 
.(ewtch"'""' ^'"""' t'l^^*'" ^y the British sealing scliooner Favorite, ami 
are the skins of seals known as the Northwest seals, 
which have their rookeries on the Pribylof Islands. 

The lot contains 37 skins of the fur seal male (matured), 1(5 skins of 
the fur-seal pu]) (sex doubtful), 157 skins of the fur-seal cow. 

From the sha])e of these cow skins the animal must have been heavy 
with pup, and the same cut out when captured. 

Ciis. J. Bkhlow. 

Subscribed and sworn to before me this 17th day of November, A. D. 
18i>2. 
[seal.] Clement Uennett, 

Notary Vublic. 



t;- 



Fi:(' 



Deposition of Charles J. Bchlow, furrier. 

State of California, 

City and County of San Francisco, ss: 

Charles J. Behlow, being duly sworn, deposes and sjiys: 

I reside in San Francisco, State of California, and am by occnpation 

Ex mrience ^ ^"^ merchant, and have been so engaged permantly 

.xporience. ^^^^^ ^j^^ ^^^^ .^^ years, during which time I have been 

constantly handling large quantities of raw fur-seal skins from all dif- 
ferent hu'atioiis, and can readily distinguish the resjiective quality, size, 
age, and sex. 

On September 2()th, 1802, I examined 442 fur-seal 
^°" skins, ox-S(!hooncr Rose Sparks, atul I lind these to be 
Northwest skins, [from the seals] which have their 
rookeries on the Pribilof Islands. 

Tlu h)t contains 47 skins of tlie fur seal male (matured), 39 skins of 
the fur seal pup (sex «loubtrul). .'?")(! skins of the fur-seal cow. 

Fiom the shape of these cow skins tlie animal nmst have been heavy 
with pup, and the same cut out when captured. 

Ciif J. Behlow. 

Subscribed aud sworu to before mo this 17tli day of November, A. D. 
1892. 

[seal.] CLEMEN'I' BlONNETT, 

Notar y rublic. 



Cnmposition 
Spaikts vatvh. 



occupation 
;ed permii- 
ime I have 
ikins, from 
ve quality, 

s-schooncr, 
^skills were 
ivorite, and 
west seals, 

1(5 skins of 

V. 

been heavy 

Behlow. 
mber, A. D. 

ry rublic. 



r occupation 

permautly 

have been 

loin all dit- 

[uality, size, 

442 fur-seal 
these to be 
have their 

39 skins of 

been heavy 

liKIILOW. 

mber, A. D. 

SETT, 

1/ Vuhlic, 



RELATINO TO FUR-RKAT.S AND SEALSKIN INDUSTRY. 
deposition of Charles J. JichloWy furrier. 



357 



State of California, 

City and County o/ Son Francisco, ss: 

Charles J. liehlow, being duly sworn, deposes and says: 

I resi«le in San Francist-o, State of California, and am by occupation 
a fur merchant, and have been so engaged pernianenlly ^ . 
for tlie last 35 years, during which time 1 have been •»i»'"«"''"- 
i'onstantly handling large «|uantities of raw fur-seal skins from all dilfer- 
ent locations, and can readily distinguish the resjjective «pmlity, size, 
age, and sex. 

On November 7th, 1892, I examined 121 fur seal skins ex-schooner 
C'cflHwa, and I find those to be Nortliwest skins from (■„,,„, 1,1,, c 
the herd which have their rookeries on the Pribylov »»io»'"aT<'ii. "" 
islands. 

The lot contains 27 skins of the fur-seal male (matured), 12 skins of 
the fur-seal grey pup (sex doubtful), 82 skins of the fur-seal cow. 

From the shape of these cow-skins the aninnil nuist have been heavy 
with pui», sind the same cut out when captured. 

Ciis. J. Beiilow. 

Subscribed and sworn to before me this 17th dav of November, A. 1). 
1892. 
[SEAL.] Clement Uknnett, 

Notary rublic. 



Deposition of Charles J. Behlow, furrier. 

State of Catjfobnia, 

City and county of San Francisco, ss : 

Charles J. Behlow, being duly sworn, deposes and says: 
1 reside in San Francisco, State of California, and am by occnp.ation 
a fur merchant, and have been so engaged permanently 
for the last 35 years, during which time 1 have been -"i'*"" "'^e. 
constantly Inindling Isirge quantities of raw fur-seal skins from .all the 
diflerent locations, and have examined skins taken at all periods of 
the year. 

I find that all fur seals taken both in the Bering Sea and on the 
islaiuls therein, from about the lOth of August until 
the end of October, are what is known to the, trade as gpli*^""''*' *'''"" "*■ 
stagey, meaning the aninnil is changing its coat, dur- 
ing which period its skin is very inferior in quality; in fact, almost un- 
merchantable. 

Cns. J. Behlow. 

Subscribed and sworu to before me this 18th day of Novend)er, A. I). 
1892. 
[SEAL.] Clement I^ennett, 

Notary Fublic. 



r 



358 



TESTIMONY 



ft I 






Depoftifion of Charles J. lUhlow, furrier. 

State of Catjfoknia, 

Viiy aiul vmmly of San Francisco, ss: 

Cliavhis .1. lirlilow, Ikmii};' «luly sworn, doposos ainl says: 

1 reside in San Francisco an«l am by occupation a I'ur ntorcliant, nm] 

liavc boon thus cn«at'c«[ lor the last tliiity-llve years, 

liaiullinj,' uuriiig tins tune larjjje quantities ol lur-sciii 

Hkins from ditl'erent locabties. On the date liereinafter nientionetl I 

examined tlie loUowinfj^ salted f'nrseal skins with tJie following results: 

(1) Aujjust 15, 1892, l,2i>4 skins, ex-American 

Kesult: !.'(>(» male skins, 100 pup skins (sex doubt 
I'ul), 070 female skins (matured). 

(2) August 11, 1802, 1,(!(K'{ skins, ex-American Sishooner SiH>hie SKth- 
rrlmnl. 

Kesult: One large bnll skin, 18 small bull skins, 212 male skins, l.'V.i 
]»up skins (sex doubtful), l,2.'i3 female skins (nmtui'cd). 

(.'{) August 18, 1802, 1,335 skins, ex-Aiiieiican steam schooner Louis 
OI.se u. 

llesult: 187 nude skins, 1 bull skin, 1 small bull skin, 75 juip skins 
(sex doubt Inl), 1,(M»() f«'niale skins (matured). 

(4) August 27, 1802, 2,0(»0 skins, ex- American schooner Sau IHeijo. 
liesult: 2 large bull skins, 2 small bull skins, 324 male skins, 10] 

puj) skins (sex doubtful), 1,040 fennih^ skins (matured). 

(5) Septend)er 28, 181>2, 50 skins, ex-schooner Kaie and Ann. 
Itesult: 12 male skins, 2 pup skins (sex doubtful), 45 female skins 

(nmtnred). 

(()) November 7, 1802, 43 skins, ox Mary H. Thomas. 

^Jesuit: bull skins, 7 nmle skins, 5 pup skins, 25 female skins 
(matured). 

J believe that all of the female fur-seal skins above nuMitioned werf 
taken from cows heavy with juip. .Ml sealskins above mentioncil 
belonged to the Ifussian herd of seals which have their rookeries on tlic 
Commander Islands, and 1 am informed that nmny of them were taken 
in the waters off the coast of Japan. 

Cns. J. Bkiilow. 

Subscribed and sworn to before me this 23rd day of Decend)er, A. 1). 
1802. 

Clement Uennett, 

Notary I'ublic. 



Deposition of James B. Drown, longshoreman. 

State of Cat.ifownia, 

City and vniinty of San Franeiseo, ss : 

James B. Brown, being duly sworn, de])osea and says: 

I am aresulent of San Francisco, California, and am by occupation 

a longshorennni. For twenty years 1 have each yeai 

been empl(»yed in the unloading of the sealskins re 
ceived by the Alaska Connuercial Company. Since 1870 1 have ln'cn 
foreman of tlu^ longshoremen, llj) to the time and for a year or soaltci 
1 became forenmn all the sealskins received were put 'u\to drays on be 

ing unloaded. Since 1870, howi^ver, all the sealskins 
cmkil''"*"'' "''''"'"' w*'i-«^ packed into casks (.n the wharf ami then put into 

drays as fast as the casks were headed. The sealskins 



Kxporlnico. 



lorrliant, aiid 
y-iivc yciirs, 
s of lur-scai 
inciitioiicd I 
wing results: 
ex-Aiiieiitiiii 

(sex doubt 

Soj)hic Sittli 

iilc Hkins, l.'5'.i 

liooiicr Lotiis 

lit pup skins 

le skins, 101 

Ann. 

feinjilc skins 

f'onialc skins 

ntioncMl were 
«' nuMitioncd 
(kcrics on tlir 
n were takin 

. Bkiilow. 
ember, A. 1). 

JNKTT, 

ary I'ubUc. 



EEriATINO TO FUR-SEALS AND SEALSKIN INDUSTRY. 



359 



»y oceui)atioii 

ve each year 

sealskins re 

1 have b<Mii 

ar or soat'tt r 

drays on be 

lie sealslviiis 

tlien put into 

'he sealskins 



liiimllefl contain 
only two HkiUM. 






Snmo with Hkins 
from ConiniuuiU-r In- 
lands. 



were alwjiys in bundles and none were opened except a few which were 
oDened by the company's oflicer to see what condition the sl^ins were 
in. I never saw more than two skins in any bundle so 
opene<l, nor did I ever see a bundle I, judged contained 
more than two skins. If there had been more than two 
skins in a bundle it would have at once been noticed because of the 
size and shape of the bundle. If more than two skins had been placed 
in a bundle it would have been more <lifflcult to handle the cargo, and 
it certainly could not have been handled as rapidly as it was by us. 
As we brought the skins up from the hold a custom-house oflicer and 
the first otticer of the vessel tallied the number of skins before we put 
tliem on the wharf. I also superintended the unload- 
ing of all the furs received by the Alaska Commercial 
Company, and among others tiie sealskins received from 
the Commander Islands. The bundles received from the 
latt-er were of much the same shape as those from the Pribilof Islands. 
Among those bundles which were opened I never saw one that <;on- 
tained more tlnin two skins, or a bundle I thought contained more than 
that number. The same rule as to counting and pticking in casks was 
followed in relation to the skins from the Russian side as was followed 
in relation to the Alaska skins. 

Jas. B. Brown. 

Subscribed and sworn to before me this 16th day of November, A. D. 
1892. 
[SEAL.] Clement Bennett, 

Notary Fublio. 

Deposition of William Uealy Doll, scientist. 

District of Columria, 
City of Washington, ss : 

Personally appeared before me William Healy Dall, of Washington 
aforesaid, who, being duly sworn, dejioses and says: 

I learn that I have been quoted in the rei)ort of the British Bering 
Sea Commissioners for the purpose of proving that co- 
ition at sea is practiced by the seals. In connection » o" " «*«»• 
therewith I have to say that my statements as to copulation in the 
water rest largely upon assumption. Young bachelor seals are seen to 
chase females leaving the rookeries and to play with them in the water; 
pairs of seals are seen engaged in a sort of struggle together and to re- 
main caressing each otheror apparently quiescent, sometimes for as much 
as an hour. From such facts, which I myself with others observed and 
reported, it was considered not unlikely that these seals were of oppo- 
site sexes, and that they were engaged in copulation, and, in the 
absence of detinite information to the contrary at tb<ittime, I so stated 
to Dr. Allen, who made use of the note on p. 100, Vol. I, of the Bulletin 
of the Museum of Comparative Zoology. But it would be dangerous 
to rely upon these observations thus casually made, at a time when seal 
life was not so well understood as now, to prove that coition in the wa- 
ter is practiced. I never had an opportunity to assure myself that the 
pairs of seals seen playing were of opposite sexes, or, if they were, that 
their play was of a sexual nature, or if it was, that the act was com 
plete and eflfective. There does not seem to be any way in which any 
one of these matters can be definitely proved. Kveii if they were shown 
to be possible and to occur at times, the general belief in it by casual 
observers at cue time; myself among the number, was always, as far as 



I 



D 



360 



TERTIMOXT 



if 



I know, roni>lo(l with tlio opinion that it was .an oxceptio:ml and abnor 
nial occurnMicc. 
Alhision having; bc(Mi niade to tlie absonce ofexcreinontitious matter 
„ . uj>on tlic brcwlini; {;'''>'i"d«, I may obs»>rve that tlu' 

r<M.k."ricH. excicmcnt of the seal being of a liquid nature and 

novel" solid as in allied terrestrial animals it sinks into 
the ground or is otherwise dissipated by the seals tliemselves passing 
over it, but its existentte and in eiiorimuis quantities is evident U> tlie 
most casual observer, if by no other means, from the intense ammo- 
niacal odor which may be perceived at a long distance, and whi<;li 
renders a stay in the vicinity of the rookery most uncomfortable and 
otJensive for any one having a deli«!ate sense of smell. I hs»ve on many 
occasions observed personally the voiding of excrement upon the breed- 
ing gnmnds, aixl it seems impossible that any one should be in their 
vicinity for ten minutes without detecting the presence in great abun- 
dance of exciementitious matter, which is mingled with and fitrins jiart 
of the soil. 

Wm. II. Dall. 

Subscribed and sworn to this 14th day of Deer., 1802. 
[seal.] Sevellon a. Buown, 

Notary rublic. 



Deposition of M. G. ErslcinCj master mariner. 

State of California, 

Citi/ and (Jountif of iSan Francisco, ss: 

Captain M. C. Erskiiie, being duly sworn, deposes and says: 

1 have been in the employ of the Alaska Commercial Company since 

the organization thereof, as captain of the supi>ly 
xparenre. stefimcr of Said compauy, which carried supplies to the 

Pribilof Islands and other stations of the company in Alaska, and wiiicli 
also brought down annually to San Francisco the fur-seal skins taken 
on the Pribilof Islands by the said company as lessee thereof. From 
1870 to 1875, inclusive, 1 was in command of the comi)any'8 steamer 
Alexander^ and since 1875 I have been in command of the company's 
steamer iSt. Paul. The Alerander was not large enough to bring down 
the full quota of one hundred thousand sealskins in one cargo, so that 
it was at that time customary for me to bring down from forty to fifty 
thousand skins to Unalaska, where they were transhipped by another 
vessel to San Francisco; I then used to return to the Pribilof 
Islands, take on the remaining skins, and proceed directly with 
them to San Francisco; since 1875 I have with the 8^. Paul brought 
down to San Francisco all the fur-seal skins taken on the Pribilof 

Islands while the Alaska Commercial Company was 
fromrsrands."^ ''''"'' '^sscc thereof. All the seal skins delivered to me on 

the St. Paul from the Pribilof Islands were in bundles, 
except now and then a few which were bundled on board of said vessel, 
never more than two skins being placed in a bundle. When the bundles 
and the few extra skins were placed in the lighter at the islands to be 
taken on board \>f my vessel the Government officer always counted 
them, and when they were hoisted on board the vessel they were again 
counted as they came over the side by my first olhcer. On arriving at 
San Francisco the vessel was unloaded at the wharf and the bundles 
again counted by a custom-honse oHicer as they were brought up from 
the hold and also by an employe of the Alaska Commercial Company. 
All the bundles were, since 187!>, packed in casks at the wharf where 



IIELATINO TO FHU-SKALft AND SKALSKIV INniTSTUY. 



dCl 



nd abnor 

us niiitter 
'. that ihv 
iture ami 
sinks into 
!s passiiifj 
ent U* the 
se ainiiio- 
md whirh 
table and 
[i on many 
the breed- 
DC in their 
reat abun- 
forius part 

I. Dall. 



WN, 

y Vublic. 



puny since 
[lie supply 
plies tt) the 
and whieh 
kins taken 
jof. From 
's steamer 
company's 
•ring down 
go, so that 
rty to fifty 
3y another 
e Pribilof 
eetly with 
ul brought 
le Pribilof 
ipany was 
to nie on 
n bundles, 
aid vessel, 
he bundles 
and 8 to be 
r9, counted 
were again 
irriving at 
le bundles 
it up from 
Coiiii)any. 
barf where 



they were unlosuhMl. lOsicli cask was there headed, marked as to its 
weigiit and thenunilier of skins it contained (two skins being allowed to 
each bundle), and then taken directly to the railroad station and shi])ped 
to liondon. 

On the arrival of my vessel at the port of Han Francisco several 
bundles of skins were regularly opened to inspect the 
manner in whi<'h they were packed. I never saw more „kii^,''["ni,mi,Ti.v *"" 
than two skins in a bundle, nor (to I believe that it 
would be possible to put miU'c than two iWiins in a bund'o in such a 
manner that the fa(!t would not be evident to the most <!asual observer. 
1 never saw a bundle among almost two millions such, which my vessel 
has carried, which 1 believe contained more than two skins. I have in 
a few cases seen only one large skin in a bundle, but this was in all 
cases done by the natives, who were paid so much for each bundle which 
they tied up, and thus increased their pay slightly. None of the bun- 
dles were ever opened on board ship, except in a few instances a bundle 
becoming loose it became ne(!e8sary to rebundle them, but all the bun- 
dles so opened contained only tvvo skins, and only two skins were put 
in a bundle when they were again tied up. 

Prior t») 1<S7(> all skins were either transferred to another vessel in 
the harbor of Unalaska, landed at said i)ort or at San ^ ^^^^^^^ ^^^ . .^^^ 
Francisco. Since that time all my cargo of fur-seal ^011/""^^ pa uy"'* 
skins have been landed at the wharf in San Francisco, »""»"""■ 
and in all cases 8u<!li transfer or landing was made under the supervi- 
sion and dire(;tion of a United States customhouse officer. No sealskin 
was ever trsinsferred to any other vessel from my vessel anywhere, ex- 
cepting in the port of Unalaska, as aforesaid. No seal-skin was ever 
landed at any other i)oint or points than Unalaska and San Francisco, 
as above stated; ami all sealskins ever transferred or landed from my 
vessel were so transferrod or landed under the direct supervision of 
the customs authorities of the United States. 

I would further state that never during any one year of the period 
from 1870 to 1889, inclusive, did I, to my knowledge or ., , , ,, 
belief, bring away trom saul Pribuot Islands over one iimnaht away from 
hundred thousand fur-seal skins, and in some years the '•*'""''« 
quota was short several thousands of reaching said number. 

M. C. Ersicine. 

Subscribed and sworn to before me this loth dav of November, A. 
D. 181)2. 

[seal.] Clement Bennett, 

Notary Public. 



Deposition of Walter H. Fcnjunon, master mariner. 

State of Caltfounta, 

City and County of San Francisco, ss: 

Captain Walter H. Ferguson, of San Francisco, being duly sworn, 
de])oses and says : 

1 have followed the sea as a profession for twenty years 
and have been master of a vessel for seven years. I have •'«p<''' «""• 
made two voyages to Alaskan waters, one on the Russian and one on 
the American side. For the last six years I have made a careful study 
as to the location of the winter resort of the Alaskian fur- 
seal herd, my object being to lit out a vessel and make a Alaska* "^"**"^*"' 



kail t'liraoal. 



catch of seal during tlie winter months. In order to lo 

cate the winter resort during these six years I examined several logs 



362 



TESTIMONY 



r 



V s. 



of ships on voyajjos from Japan and China to tlio nortliwosfc coast, of 
Atnrri ;a, anil also n^ctMvoi Infonniition from otiiers in San Frani-isco 
and N«nv Yorii win) qnostioncd mastors coming ov«M' th<» same ronto. 
I fnrtlu^r stndiiMl ihv, clnuts of tlu^ North ParJdr Orcan as to cnrwnts, 
winds, <st(\, and road all the books and articles whi<di had any Ix's^rin;: 
oi> the (|n<>stion ami to which I hnd a^u'css. 

All reports tend to show there mnst he an immense feedin<;-{;ronn(l 
bi^tween latitnde dU" and 42° north, and extending' from longitnde 172 
west Ui I.T)*^ west. All vessels reported atdilfeient places in this area 
dis(;ol(M'ed water with the appearance of shoalwater, bnt upon sonndin;^ 
no bottom has been found exc<',pt at a f^reat depth. The reports of these 
vessels all show for the months of November, December, and .lannary 
larjje bodies of fur seal in this locality. I, myself, [)assed over this area 
in the latter part of Angnst, IHIM, in the bri^antine Tahiti, and found 
at various points from 172° west to 1<»2° west on the 4lst parallel the 
appearance of discolored water; Houn«lin{;, 1 could obtain no botttmi at 
2<M) fathoms; the a])])earan<re of the water bein}; of a very lijfht <'oIor, I 
am convinced that tliese patches of disc<doration are banks of tloatinjj: 
feed, which, from my examination of the (airrents in that sectitni, are 
kept in that portion of the ocean by brancdies of the ocean currents. 
At tlu'. time 1 passed throu{;h these waters there were no scnils in sinht, 
it being too early in the season; but I found at varicms jmints large 
tlocks of sandpipers, kingtishers, and other birds; this is further evi 
deuce of the presence of feed in tliis lo(!ality, or of small surface fish. 

My opinifui is that, on leaving the Bering Sttji, the Alaskan herd jjro- 
ceeds due south until it reaidies this feeding ground, and then by de- 
grees works eastward, following along this area until they begin to ap- 
pear again oft" the coast of Nortli America in January and February. 

The only reason I have not fitted out a vesst^l to seal in these waters 
is that other business has each year prevented me; but I em certain 
that if I had been able to embark in such an enterprise I should liavc 
ma<le a good haul of seals during the winter montliR. 

In the latter part of Ajuil, 1884, 1 was on the whaler Caleb Eaton 
bound from Honolulu for the Arctic Ocean, about 200 miles south oi' 
the Aniukta Pass. In this locality we met quite a number of large fur 
seals, having the .appearance of bulls, which api>eared to be travelling 
to the northward. My opinion is they had been in this feeding' ground 
I have mentioned, wintered there, and were returning to their home on 
the breeding islands, W. 11. Ferguson. 

Subscribed and sworn to before me this 18th day of November, A. 
D. 1892. 
[SEAL.] Clement Bennett, 

Notary Publie. 



Deposition of Nicholas A. Orehnit:1ci,* Russian military chief of the Com- 
mander Islands. 

I, Nicholas A. Grebnitzki, Russian military chief of the Commaiuler 

Islands district with the rank of Colonel, make the following stiitc- 

ment: 

I have been residing on the Commander Islands and have directed 

all sealing operations there for the last fifteen years, 

and during this whole period have been absent from 

*No written evidonco hannfj been prodnced in the report of the Hritiab CommiH- 
Bioners in snpport of tlie variouH views attril>uted to Mr. Grebnitzki, the United 
States have deemed it desirable to obtain from that otUciul a writteu expressiou of 
Ilia views upon seal life in general. 



Exporionca. 



TlELATIXfi TO niJ-Sr.ALS AND SEALSKIN INDUSTHY. 



jn3 



st coast, of 
I Friiiirisco 
4iiin» roufc. 
to «nrr«Mits. 
my iM'i'rin;: 

liii},' ffi'oiuul 
^MtiMle 172 
in tliis aroii 
n Houiuliii;; 
irts of these 
11(1 .lainiary 
'«r tins ar«'a 
, and i'onnil 
|)aral!('I tlic 
I) bottom at 
i;;lit color, I 
of Hoatin^r 
section, arc 
m currents. 
Ills in si^lit, 
>oints large 
further evi 
rface fish, 
m herd ])ro- 
tlien by de- 
jegin to ap 
February, 
lese waters 
pni certain 
iliould liavi! 

aleh Eaton 
es south oi' 
)f large fur 
e travelling 
in" ground 
eit home on 

URG'JSON. 

ivember, A. 

fETT, 

ry Publie. 

0/ the Com- 

Commander 
wing state- 

,ve directed 
fteen years, 
ibsent from 

tisli CominiH- 
i, th« Unitetl 
oxpreasiou of 



No iiiiiicliHK ofHf'iil 
IhtiIh. 



the islmids l)ut very lit He. I have <':n-c(ully observed seal life, thccon- 
ditinii of the rookeries, aiid the method of taking seals at all s(>asons 
and iiiHler all conditions, with the ohje<-t of keeping the K'nssian (Sov- 
cniiiieiit tlioroiigldy informed as to its scaling interests and the proper 
management of the same. 

While I have uvxvr had the ojjportunity to examine the J'ribilof 
Islands seals, yet 1 do not hesiliite toexpress the opinion 
that that herd and tlie Commander Island herd ai'c 
distinct and do not mingle at all. There iire some 
natives on tin^ islands who are familiar-wiih both, and who stale that 
there is a maiked dil1'eren<'(> in the animals, liesides, my studies as a 
imtinalist cuiihle mic to state that it woidd be contrary to all reason to 
suppose that they mingle with one another. The Commander herd 
approaches very «'l(»sely to the Itobben Island herd in winter, and yet 
it does not mingle with it. Of this I am sure, for I have cliaigc of Itob- 
beii Island as well as of the Commandei' Islands, and know the skins of 
the tw<» heids to be <litrer<'nt. The skin of the Commander seal is 
thicker, has coarser hair, is of a lighter color, and weighs about 2(1 per 
cent more than a Kobben skin of the same si/e. 

It is wholly improl»able that tlu^ seals of the (!omnuxndcr herd visit 
any land other than (he C«aamander Islands. 1 bcliev<' ,, , , . 
they I'cgard these as their home, these islands Iteing ju'- hjv.i.v u, <,wn hne.i 
I'liliarly adajdcd to their needs at tlu' jteriod of bringing '"« i'''"'"' 
forth tiieir young ami of breeding. The liU't that theL'obben Island herd 
still IVe«pn'nts I'obben Island to the exclusion of any other lan<l, not- 
withstanding it has been subjected there to the utmost persecution, 
shows to my mind conclusively that th<! ]>rcsen<'c of man will n«»t pre- 
v<'nta seal herd from returning to the sanu' land year alter year. Even 
if isolated «'ases have occurred (I know of none) in which, for various 
causes, a few(tf tlu' Commander Island seals reached other shores, such 
exceptions w<»u! 1 not disprove the general rule above stated, lean 
readily uiidci'st...id that a fcmahi which had been woundc<l in the water 
might be subject («<V) to seek the nearest land and there give birth to 
her pui>. 

Annually, at almost stated periods, they arrive at the islands and im- 
mediately proi'ccd to occupy the same grounds which 
have been occui)icd during past years in a way which ^,,;J|""""' ""■'*"' "' 
makes it impossible to doubt that they arc familiar 
with the locality. I believe that at some time during the year every 
s<'al comes ashore. Then; is no reason to believe that a certain num- 
ber of any <;lass remain swimming alxait in tim neighlMU'hood of the 
islands all summer without landing, although there isconsiderabht dif- 
ference in the time at whii-h ditVcrent classt-s arrive. 

Soon after landing at the Commander Islands those cows which were 
fertilized the year ]U'evious give birth t() their young. 
A cow does not, except in very rare instances, give 
birth to more than one jaip in a season. The birth of jnips can only take 
]>lace on shore. C()ws never arrive at the islands with newborn pups. 
lUit the impossibility of birth in the water is best pr(>ved by the tiUit 
that the puj) when tirst born is purely a land animal in all its habits. 
It does not volunta'ilv approach the water till it is 

1 1 11 1 ii -i • If 1^1 A SwlllllllillB of pup«. 

several weeks old, and then it is obliged to learn t(» 
swim. A surf will sometimes wash the young pnjts otf the rocks, when 
they are sure to be drowned. The pups cannot swim at birth, but 
must be taught by their mothers. A jjuj) would drown if thrown into 
tho sea before learning to swim. 



liirtli uf young. 



Si fytn 



3G4 



TESTIMONY 



(yopulalion in the water T believe to l»o impossible, for \lie net is vio- 

iMncio <oi)uiuti..ii J*5"N '>* ^"*"f; (liiratioii, and in jjeiieral eliaractersinjilar 

iiiii>im»ii>i<'. to that j)erlbrnie<l l»y land animals. 

1 believe that the seals leav«' the vit;inity of tlie islands mainly on 

aceonnt of the severity of tlie winter. Of <'ourse i do 

not mean to sav that tliev would remain on shor*' all 



DoimrtiirrnrHenli 
r.'iiiHc tlit:rt'i<)r. 



niuU. 



liiC- 



the yeai' round, as numy of them d<» throu;;'hout the 
whole of the summer, for they would be oblijjed to take to the water to 
obtain food. Whatl nii-an is that they would not j^o so faraway as thev 
now do, but would remain around the islands and thus •five additional 
]>roof of the un(|uestionable faet that they rejjard them as their lunue. 
1 base this statement upon the fa<;t that during mild winteis I have 
myself seen them in larye numbers off the Commander Islands. They 
ar<' often rejjorted alnmt r»() miles south of the westernn)ost of the Aleu- 
tian Islands and the Kanu-hatka eoast. This would be in aeeord with 
the habits of the sealsof the s<mthern liemisidiere, which, I am informetl, 
are found in the same locality more or less at all seasons. The seals 
generally leave the Cimimander Islands by the middle of Kovend)er, by 
which time it lias become cold and stormy; but in mild winters tljey 
have been on the islands as late as December. 
I do not think that fur-seals should be classed with wild animals any 
more than sheep or cattle when out on large i)astur- 
Scak and wild ani- jngr pouuds. Seals, uuless needlessly frightened, be- 
come more or less accustomed to the sight of man 
amongst them on the rookeries, and while on land are at all times un- 
der his coinidete control. A few men can drive a large number of them 
without ditticulty. They are intelligent to a very high degree, and can 
be made to become in a short time pets. The breeding males, or bulls, 
are alone aggressive. 
Seals are polygamous, and the powers of fertilization of the male are 
very great. Since the births are about equally dis- 
i.cn,!«oxcS"nmi"8: tHbutcd betwccu uialcs and females it follows that 
under natural conditions there would be a great excess 
of male life over that actually needed for the i)ropagation of the spe- 
cies; and it is, as in the case of so many other aninmls, tor the positive 
beiielit of the herd as a whole that a portion of this ex- 
mMrJ'mivumaKeou"/ ccss of male life be killed off before it is of suthcient 
age to go on the rookeries. If not killed off the com- 
petition by the bulls upon the rookeries for feniales would be destruct- 
ive of much life. This competition is already fierce enough. 
During some of the years ))rior to the time of my arrival on the islands 
there had been considerable indiscriminate killing of 
Increase foUowpd scals witliout regard to age Or scx. But during the lif- 
'""■ teen years of my management of the Commander Is- 
lands rookeries all seals which have been killed consti- 
tuted a portion of the excess of nuiles above referred to and known as 
" bachelors" or " holluschickie." This is why the rookeries are today 
in a much better condition than when 1 lirst went to the Commander 
Islands, notwithstanding that until the year 1891 a gradually increas- 
ing number of largeskins has been taken. Fnmi 1880 to 1890 the aver- 
age annual catch was about 50,000, the skins all being huge. The hist 
two years I have reduced the catches, because I now 
roiagic sealing com- tliiiik GOjOOO skiiis somcwliat in excess of what the rook- 
' ' ' ' cries can yield and for other causes which I will men- 
tion later. 1 feel very sure that the great cause of this 
diminution is pelagic sealing. 



introduction of 
]>rovcd luetbods. 



di-lH ivdurtiuu io land 
ciilcli 



RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 365 



This year I have counted over 3,r^H) skins sei/ed on poaeliing ves- 
sols and have found !H» i>er cent to i)e skins of females. .... 
These were skins taken Ironi ( onimander ishiiid seals. .at<ii »6 j»r iVm lu- 

As to skins taken near Pribilof Ishind, I conntctl the "'"'•"• 
skins seized in the Hohu Olxen and f(»und two thirds (§) of tlieni Avero 
skins of fenniles. Tiiese were taken, us the h)y: book of the liosa Ohen 
sliows, over 80 niih's from sliore. 

1 consider it a false ar^ninont to say that the killinf; of a proper por- 
tion oi the excess of nnile life is had, merely because it 
is an interference with the order of nature. If not in- .„?^'i""f ^V""* "' 
tertered with nature will imMluce an overpopulation of 
the rookeries, which would, of course, be a bad thing. By the present 
nuxlc of kilHiif? a certain number of young males population is regu- 
lated. N<» facts can be brought forwanl to show that this metlnxl is 
not the right one. I'ast experience shows that it is right. 

The method is not proved to be bad by showing that during some 
years too many males may have been killed, and that 
the rookeries have thereby surteied. When such mis- 
takes have bei'ii made they can be corrected by reduc- 
ing the number of males to be killed for a lew years; for the most 
absolute control can be exercised over the herd while it is on land. 
1 claim that the method now pursued, when executed 
under proper regulations, is in theory and practice pi'yea'porfec'i* "'"' 
the only one by which sealing can be canie<l on com- 
mercially without injuring the vitality of the herd and its ability to 
maintain its numbers at the proper limit. It does not cause the seals 
to change their habits in any way, and I do not believe 
that even an excessive killing of young males on the 
islands would have the eftect of altering the habits of 
the female seals with regard to lauding, and cause theiu to remain 
about the ishmds instead of coming on shore. 

Cows, except, perhaps, in rare cases of accident or for scientillc pur- 
poses, are never allowed to be killed on the islands, 
and the reason for this is that all cows are needed for i^^i'.'^" ""* •"""** "" 
breeding purposes. To kill, therefore, any cow except 
a barren one (and there are few barren ones except amongst the very 
old cows) intlicts a much gi-eater injury on the herd than the loss of a 
single life. It is not true that because it is proper to kill a certain 
number of m.ales it is also proper to kill a certain number of femah's. 
lint assuming that it might at some time become desirable to kill some 
females, it would still be wholly improper to kill them witlxmt regard 
to size or condition, as is the case when they are killed in the water. 

There is at the present time upon the Commander Islands an abun- 
dance of nuile life for breeding jmrposes, and there is no „. .. „„, , ,„ 

,. ii . /■ 1 -ii i T ^ c 111- virile malt»i ubiiii- 

tear that any temale will not be served from lack ot dant. 

virile males. On the other hand it is undoubtedly true Fi!miii<'s.iiiiiiiii«i,...i 

that there were in ISJJLJ relatively fewer females than i>y mingii kiiiin},' ami 

in former years, and 1 attribute this to two causes, "' *' 

lirst, to killingof seals in the water, and, second, raids upon the Islands. 

The tirst of these causes is by far the more important. 

The raids have, owing to the great amount of foggy weather, taken 
idace to a certain extent notwithstanding the greatest iirecautions to 
guard against them. The raiders kill males, females, and pups with- 
out discrimination. liut however injuriously the raids have affected 
the rookeries, still they are of much loss importance than the killingof 



Control ((Illy |>08iil- 
ilileuu IhikI. 



Scnl liiibiU not af- 
fectuil thereby. 



366 



TKSTIMONY 



u 



I'l 






Vr\»a I • 
llirrutfim 
uf bvni. 



Kinking, 



Fi"w Itnrrun 
killr.1. 



kinin ' ^'<»"""i>'i'^»'i' l''<li>iul Hoals iti flic water. During tlio past 
fx(iniii»ii two siiiiiiiicrK, aixl especially diiriii;; tlie last one, this 
killing' ill tlic water lias hccoiiie so);reat that it'alluweil 
to eoiitiiiiu^ ill tut me .years the IiukI will Im^ in <laii};er 
of ultimate cxtiiietioii. 

I do not know exactly li<»w wasteful this laj'thod may be from the 
faet that all the aiiinials woiintled or killeil are not 
momI^ihT ''"""* *'"I>ture<l, thoujjh I am told that miieh loss oeeiirs in 
that way and I know that under eertain eonditioiiH a 
seal shot dead till Hink at or e. 1 ean state positively, 
however, t'roiu actual experience and personal exainina- 

p.inKi,M.»fcho« mr*'""' ^'"^*^ '^ """'^^^ projMUt ioii, fiilly iiiiiety six per cent, of 

crni luniiium. tlic skiiis tak(>n by this method diiriii;; the pj-esent year 

are those of female animals, in addition a certain 

number of the skins so taken are those of very youiij; seals, probably of 

both sexcH, such as are never killed on land. 

Very few of the females killed are barren, no matter when or wlu'ie 

they are killed. Femah's taken early in theseasoii are 

generally heavy with younjy, in which coiiditi«»n they 

Two tirniiii* f „ r tra vcl slow ly as compared with the other seals. Tiie 

k'lPi '"""''"*' •"•"""'" killing of such a female involves, of ccmrse, the imme- 

«liate loss of two lives. IJut «n'en when tlu^ female is 

taken after she has been on shore and aiwu birth to her yoiiny:, this 

same result follows eventually, for a seal will suckle 

owii'ptii"""'''''* ""''^ **"'y ''*'•' **^^'" 1*"1N '"••! the pups are for the lirst tlirc»! 
to live months tlependent aito;;et her on their mothers 
for food. Consequently when the mothers, wln) after the birth of their 
pui)s leave the rookeries in search of food (travelinj;' sometimes con- 
siderabh' <listances, I do not k,"iow exactly how far), fail to return their 
pups must ne<'essarily die. 

There are always a few dead pups to be found on the rookeries whose 
,, , , , (ieatli is not due t> tl t of their mothers: but duriii"' 

the last year or two a greater number ol dead iMipshave 
been actually noticed than heretofore ami have attracted the attention 
of all pers«)ns on the isli'.nds who are at all familiar with seal life. It 
can not be suci-essfuUy contended that they all died of natural causes. 
There is no disease anionjj the (Jiunmivnder Island seals; and while a 
certain number of yoniif; pups are always exposed to the danjicr of 
beinjj «'ruslied to death (but not as a result of the drives which are 
made to collect seals for killing), or (tf beiii}; drowned by the surf, yet 
these causes of death will not ac<'ount for the {•reater mortality of pups 
^vllicll took place duriiifj the i)ast summer. Hesidcs, the bodies of the 
dead pups 1 refer to are those of starved animals, beiny {■reatly t'liia- 
ciated. 

It is chietly durinp- the next few years that the ellects of the nM-ciit 
killing of females will become most noticeabh', ln'cause 
kiiiinK*'' "* ?"'"«'" many (»f the pui>s which in those years wouhl have be- 
come bat'helors, or **holluscliickie," have never been 
born, or died soini after birth. 

With regard to thedrivinj^of the seals from the beaches to the places 
of slaughter, while it <loes not benefit them, yet I believe 
that there are very few cases in which it does them any 
harm, even if they are redriven. 1 am sure it does not render them 
impotent. It should be remembered that, uiihke the hair seals, they 
are fairly adapted to movement on land, as is i)roved by the fact that 
they are in some cases sujtually driven considerablo distances ovei' 
ground that is both rough and steep. 



Driving. 



RELATINO TO FUR-SKAL8 AND SEALSKIN INDUSTRY. 



367 



Since the killing of hcuIh in th«> wattM' is wuHtcful tuid in every scnso 
contriiry t4> the laws of nature (which rc(|uire that spe- 
cial protection be iillorded Ut tlie feniaU's and younj,' of ^^',1;'^!"," ''"'"*'''• 
all animals), 1 am of the opinion that it should be en- 
tirely forbidden. If it is only partly suppressed or prohibited within 
a certain distance from the islands the evil would not be cured, althou);lt 
its oll'ects might be less noticeable; for the killing of females, many of 
them heavy with young, would necessarily continue, since all expe- 
rience shows that female animals always constitute the chief catch of 
the open-sea sealer. 

Nicholas A. Grednitzki, 
DiHtrivt Chief of the Commamlcr JslandHy 

JJi«trivt at. rctvr«burgh, 
20 November-8 December, 1892. 

United States Consulate-General, 

St. PetcrHbimjh. Deambcr 8, 1893. 

I, J. M. Crawford, consul-general of the United 8( .i s at St. Peters- 
burgh, «lo hereby certify that Nichola A. (Irebnit/.ki, military chief of 
of tlu^ Conuuandcr Islands, apjiearcd before me this d.iy and declared, 
under oath, that all the statements contained ii> 'he ftMcgoing utticle, 
consisting of twenty-tlve (IT)) pages, are, to the i»est (»f his l;nowlcdge 
aiul belief, si ;ictly true, including the subntitutiomif tlu, word "males" 
for "seals, uu page M, line 18; rli<', substitution of the word "males" 
fev "seals" on page 1({, line 1(1; the s!'bstituti«ui of tlie wonl " males" 
for ■' seals," <m page 17, line 8; the omission of the word " to" on page 
19, line 18, and the addition of the words "consideral)le distances" to 
line <• of page 24. 

[seal.J J. M. Crawford, 

U. IS. Cunitul-lieneral. 

December 8, 1893. 



Deposition of Max Heilbronncr, Secretary of the Alaska Commercial 

Company. 

State of California, 

City and county of San Francinco, ss: 

Max Ileilbroniier, being duly sworn, deposes and says : I am a resident 
of San Francisco, (.'alifornia, and am secretary of the „ 
Alaska Connnercuil Company, which position I have 
held sin<!e 1882, ]>rior to which time 1 acted as Assistant Secretary tor 
said Conii>any. I am thoroughly familiar with the books -of said Com- 
pany and the methods employed in counting the sealskins received by 
said Company from the Pribilof Islands during the term of the lease of 
said islands to said Company. 

1 hereto ai)pend a comi)arative statement of the variims counts of fur- 
seal skins taken on the l'ribih)f Islands by said Com- 
pany for each year from 1870 to 1889, inclusive, as the nH'irorc'om.M'of 
same appears on the booksof said Comp.Miy ; thecolumn ^^^^"' from i»7o to 
entitled "Island Count," represents the number of skins 
appearing in the invoice made out by the Company's Superintendent on 
the Pribilof Islands and delivered to us on the arrival of the vessel 
transporting the skins to San Francisco; it gives the count of each 
season's catch as made by the Government officials and Company's 
agents on the Pribilof Island; the second column entitled "Inspector's 
Count " represents the numlM'r of skins reporte<l to the C«dlector of Cus- 
toms of the United Statics by the Inspectors of Customs who counted 



368 



TESTIMOXY 



the skins as they were unloaded from the vessel at the wharf in San 
Francisco; duplicates of said reports beiiijf given to the Alaska Com- 
mercial Company > the third column entitled "Packing Connt" repre- 
sents the number of skins reported by the employes of said Company 
as the same were counted when being packed in casks for shipment to 
London; and the fourth c(>lumn entitled "Lond<ni Sales" represents 
the number of skins, as counted by C. M. Lampson & Comi)any and so 
accounted to us after the sale and delivery of the same for said Alaska 
Commercial Company; all reference herein made to skins refer to the 
fur seal skins taken on the Pribilof Lslands under the lease of said 
Ishmds to the Alaska Commercial Company. 

And deponent further says: 

That the seals killed between August 1 st and the first to the tenth day 
of June following were for food; that the skins of such 
foffdud."^*'"^*'''"'"^ seals killed which were received were counted in the 
quota for the year following said first day of August; 
that is, the fiscal year of the Alaska Commercial Company for sealing 
began on or about the first day of August in each and every year of their 
lease of the Pribilof Islands, and the column entitled "Island Count" 
therefore represents the skins received during such fiscal year and 
sliipped from said Islands; that the tables of seal killings attached to my 
aflidavits dated, respectively, May 11 and May 12, 1892, represent the 
number of seals killed and received, by said Company during each calen- 
dar year from 1871 to 1889, inclusive; that the 3,448 skins put down in 
the "Island Count" for the year 1870 do not appear in the aforesaid 
tables, as they were taken before the commencement of the actual work- 
ings of the lease of the Pribilof Islands to the said Alaska Commercial 
Company. 

Comparative statement of different counts of Alaska sealskins from 1870 to ISSO, incluclve. 



lit 
.'' ' 




Year. 


Island 
couut. 


Inspectors' 
cuunt. 


Packing 
count. 


London 
sales. 


Kemarks. 


1870 

1871 

1872 

1873 

1874 

1875 

IS7(> 

1877 

1878 

1879 

1880 

18H1 

1882 

1883 

1884 

1885 

1881) 

1,M87 

IH8.S 

UbU 


3,448 
100, 000 

100,000 

99, 937 

99,924 

99, 956 

90, 000 

75. 526 

99, 064 

100, 000 

100, 000 

99,915 

100, 000 

75, 000 

99, 902 

99, 996 

99, 980 

100,000 

100, 000 

100, 000 


3,448 
99,811 

99. 975 
99,744 
99,998 

99. 976 
89, 004 
75, 526 
90, 980 
99,902 

100, 030 
99, 706 
99, 922 
7.5,0(10 
99, 960 
99, 850 
99, 982 
99,954 
100, 012 
100, 000 


3,480 
101,316 

96,099 

103, 755 

100, 015 

100, 140 

9U, 283 

75,419 

99,998 

99, 960 

100, 1(>2 

99. 754 

99, 986 

75, (176 

90. 942 

99. 900 

90, 872 

99, 877 

100. (120 

100, 002 


3,474 
101,425 

96,280 

103, 724 

99, 991 

100, 134 

90, 271 

75,41.1 

100. 037 

100. 03(i 

100. 101 

99, 021 

100, o:p9 

75, 001 

99, 093 

99, 024 

99, 047 

99. O.'iO 

100, 037 

100, 031 


101,425 includes skins retained from 

previouH venrs. 
3.906 ttkins i-ctaincd iuid sold in 1873. 
Iccludua above uutud 3,006 Bkiun. 




..a........ '.- ... 


1,845, Hi 1.845 900 








1,400 1,400 SklriH annniiTifnil fnr in IKTt. 












1,843,6(18 1 1,812,896 

1 


1,813,716 


1,844.500 



Max Heilbronnkr. 

Subscribed and sworn to before me this 18th day of November, A. D. 
1892. 
[SEAL.] Clement Bennett, 

Notary Fublio. 



rtliarf in San 
Alaska Com- 
Uonnt" repre- 
aid Company 
r shipment to 
s" represents 
npany and so 
r said Alaska 
s refer to the 
lease of said 



the tenth day 
skins of snch 
mted in the 
■ of Augnst; 
{ for sealing 
year of their 
and Count" 
al year and 
tacbed to my 
^present the 
I each calen- 
put down in 
je aforesaid 
ictual work- 
Commercial 



ISSO, induc'ue. 



''hi 



111 



retained from 
I sold ill 1873. 



m. 



lONNER. 

ber, A. D. 



;'rT, 



Comparative staiement of assortment, weight, and pric 



Year. 



1874. 



1875. 



1876. 



Catch as 
por (;. H. 
receipts. 



1877. 



99, 998 



100, 032 



89,964 



75. 526 



1881. 



1878 08,980 

i 
I 

1879 1 99,962 

I 
1880 ' 100.036 

99, 766 

1882 1 99,92V 

I 
1883 i 75,076 

1884 99,942 



1885. 

1886. 

1887. 
1888. 



IH80. 



90, 992 

99, 872 

99, 940 

100. 000 

100. 000 



Aver Average 

ago I price in 
weight.! Loudon. 



Wigs. 



Ex. I'ge middlings. 



8J 



8^ 



84 

8i 



10i''o 

lOfi 



Ibs.oz. 

U -.10/9 
Q t/Al 50/9 

I S5/3 

"i5/ll 
42/6 

42/7 

*;i4/6 
;i4/io 

■:i5/_ 
:!5/_ 

*:i5/_ 

:i3/i 

\36/- 

A41/10 

uy- 

43/8 
if *67/6 
(i7/ll 
*73/6 

1 72/4 

I -84/ 

84/4 

'S6/- 

l H5/11 

f "•'3/- 

'■'3/- 
1 'K6'— 

I K5/1 

I «S2/- 

I 70/11 
I ">4 6 
r,4/5 
♦.16/- 
.15/11 
S2/6 
■'<2.'7 
I .S3/6 
•■ 83/4 
1 ''>6/- 
.-..Vll 
-.3/ 
.Vt/(i 
■!S/;! 
39/-- 
[ *56/C 
50/0 
*W/~ 
( till 10 
\ -69/3 
( 09 4 
S 50 — i 
i 56/- i 
'■"8/- ' 
? 77/8 

I *07/ 
' 66/11 



Pieces. Wjilit. Price. Pieces, i Wght. 
I Ibt. oz. 

....: 81 



lb». oz. 



22 7 



27 



19/10 



(2d and 3d j. 

sales.) j 
8 i. 



155 
46 



Price. 



Middliugt*. 



Smalls. 



Large jiiipa. 



71/- 



Pieccs. Wfrht. Price. ! Pieces. 
I lbs. oz. \ 



Wght. 
lbs. oz. 



16 1 



54/6 
51/- 



12/6 



I 



3 
44 



3, 334 
1,469 
1,119 
1,918 
1,563 j 
974 ; 
1,038 ' 



16 :i 

13 10 



11 4 

11 7 
11 11 



1,537 I 11 14 



101/- 
22 — ; 99/- 



112 

46 

212 

100 
33 

78 



19 2 



18 12 



16 11 



91 — 

100/— 

69/6 

60/- 

71/- 
52/— 



Sound . 
Pinlcey 



89 

60 

1,33 

29 



I 535 
622 

j 396 

I 

I 96 

I 1, 738 

340 

2. 036 
379 

3, 277 
500 
902 
557 
270 
1.37 



12 3 i 
12 4 I 



5/79 

59/4 

69/4 

57/- 

53/8 

50/— 

49/2 

54/— 

73/7 

87/3 



11,155 , 

6,262 I 10 3 
9,360 I 9 7 



19 8 
18 7 

18 10 

19 3 



65/ 



66/6 



1,316 

495 

30 

1,132 
696 
179 

222 



12 14 I 106/2 

i 

12 10 ! 118'— 

I 

12 14il 116/10 
17 5 j 125/— 

13 t)i 113/5 
13 10 116/11 

13 II 92/9 

14 94/9 

12 n 104/10 

13 fl ' 100/7 

11 15 I 87/3 

12 9 70/ 



14 15 

15 - 

14 9 

15 5 

14 4 

15 - 



67/ 

73/6 

68' 

67/ 

68/6 

88/— 



14 15 ' 82/- 



7,784 
9,819 
8,027 
9,374 
9, 491 

14, 979 
4,563 

15, 854 
3, 656 

17, 311 
5,198 

12, 254 
2,758 
9,070 

2, 355 
8,486 
2,505 
6,501 

553 
2,308 

16, 658 

3, 989 
2. 890 
9. 636 
8,950 I 
9,302 I 

7,023 



8 12 
b U 
8 8 
8 8 
8 9 



Price. 

55/6 
62/1 
69/4 
53/4 
46/1 
42,8 
40/9 
47/7 
71/- 



8 lOjl 82/4 
8 loJ 96/4 
8 13 ; 103/3 
8 14 j 100/7 

8 15 j 95/6 

9 1 i 96/1 



9 2 

9 3 

9 4 

8 14 

8 13 

8 9 

8 12 

8 11 
10 1 
10 4 

9 15 
10 

10 

9 11 

9 3 



90/4 
80/— 
87/10 
99/2 
105/3 
80/8 
76/— 
59/1 
67/6 
71 2 
77/3 



Pieces. 

13, 877 
8,904 

13, 799 
9,018 

13, 298 
9,198 
9,451 ! 

i 10,822 j 
i 20, 479 i 

I 5, 551 ; 

18,767 I 

I 

5.218 I 

16,396 I 

i 
4, 484 I 

15,970 I 

3, 922 j 

14, 688 ! 
4,065 ' 

14, 147 j 
3, 778 i 

15,917 j 
1,075 '■ 
5, 852 

27, 154 
7,113 
5. 000 




78/6 ' 21,606 

83/6 I 23,138 

18, 302 



113/8 
99 



S 
3 
3 
5 

7i 
7 10 
7 9 
7 11 
7 12J 
7 10 
7 11 
7 13 
7 14 
7 14 
7 8 



8 

5 ; 

I 

8 I 
8 i 
8 3 
8 9 ' 
8 i 
8 1 , 
8 4 ' 
8 3 



11,082 i 8 3 



57/ 
63/ 
01, 
45/ 
37/ 
35/ 
33/ 
41/ 
70/ 
79/ 
87/ 
93/ 
93/ 
85/ 
89/ 
80/ 
66; 

71/ 
95/ 

96/ 
71/ 
61, 
45/ 
55, 
60, 
69, 
73, 
67, 
89, 

87, 



123G4- 



^mT..-Th.' upper flL'.H, N [i|,„se precedrd by an .istensk J in (he column of 'Average i.rice in Lond.m' are Croni i)reliniinary telegi 
I N.nE.-Twelve nd.lM i.,„al , ..lun.ns showing percentages and hneed on the fon-going tables have been omitted <or the sake of brevi 

io face pa^e .iOl). 



nt, weiffhty and prices realized on Alaska sealskins, 1871 to 1889, 



Large pupa. 



Price. Pieces. 



55/6 
62/1 
69/4 
53/4 
46/1 
42,8 
40/9 
47/7 



13, 877 
8,904 

13, 799 
9,018 

13, 298 
9,198 
9,451 

10, 822 

I 

71 /_ j 20,479 
82/4 I 5,551 



Wght. 



lbs. oz. 



96/4 
103/3 
100/7 
95/6 
96/1 
90/4 
80/— 
87/10 
99/2 
105/3 
80/8 
76/— 
59/1 
67/6 



18,767 ! 

5,218 
16,396 ; 

4,484 I 
15,970 I 

3, 922 j 
14,688 

4,065 ' 
14, 147 

3, 778 I 

15,917 I 

1 

1, 075 I 
5, 852 
27, 154 



712 I 7,113 

77/3 I 5, 000 

78/6 i 21,696 

83/6 I 23,138 



113/8 



99 



18, 302 
11,082 



8 7 
7 11 



7 8 
7 3 
7 3 
7 5 
7 7i 
7 10 
7 9 
7 11 
7 124 
7 10 
7 11 
7 13 
7 14 
7 14 



Price. 

57/7 

63/9 

61/- 

45/4 

37/5 

35/1 

33/10 

41/8 

70/8 

79/9 

87/2 

93/7 

93/9 

85/10 

89/8 

80/— 

66/7 

71/6 



Middlg. pups. 



Small pui»8. 



Pieces. 

14, 099 
10, 36 
17, 499 

8, 372 
13, 706 

9,892 

6,893 

8,895 
19, 859 

6,180 
21, 029 

6,523 1 
17, 247 

4,327 
21, 762 



Wght. I Price. 
lb». oz. 



6 12 



6 9 

6 5 

6 5 

6 7 

6 7J 

6 9 



.50/1 

56/- 

51/8 

35/7 

32/1 

29/11 

28/11 

38/— 

66/8 

72/- 



6 124! 80/4 



83 10 

88/8 



6 4 

6 12i 

6 14 I 80/9 

6 14 ' 83/3 



5,629 



7 8 95/2 



7 8 

7 5 ; 

7 8 j 

7 8 i 

8 3 

8 9 

I 

8 j 

8 1 : 

8 4 ' 

8 3 

8 3 



96/3 

71/6 

61/2 

4,5/8 

55/ 

60/ 

69/6 

73/ 

67/3 

89/10 



23, 926 
5,938 

19, 182 
5,155 

24,467 
1,649 
8,311 

20, 194 
5,190 
5, 596 

22, 405 

35, 585 

36, 686 



87/— 1 26,507 



6 15 
6 15i 
6 14 
6 83 
6 9 
6 6 
6 8 

6 8 

7 1 
7 6 
6 15 
7 

6 13 

7 1 

7 1 



65/5 

46/6 

47/1 

79/1 

70/3 

52/1 

46/6 

35/2 

51/6 

55/1 

67/— 

68/— 

51/3 

75/4 

73/— 



Pieces. 


Wght. 




lbs. oz. 


11, 259 




9,418 


6 


15, 968 


5 11 


6,599 




11, 911 


5 10 


9,025 


5 9 


2,810 


5 10 



6,538 

12,544 
7,130 

14, 744 
7,737 

16, 543 
3,632 

22, 139 
5,682 

20, 510 
5,252 

13, 379 
2,432 

21, 693 
1,268 
6,004 
9,392 
1,584 
3,514 

11, 306 

24, 826 

29, 242 

33, 811 



Price. 

38/ 

41/4 

43/2 

28/3 

25/10 

26/7 

27/1 

34/9 



Middlings and smalls. 



Pieces. Wght. 



I 



5 12 


56/n 


5 13 


56/4 


5 15 


65/8 


6 — 


69/7 


5 13J 


74/7 



5 15 


5 14 1 


5 14 


6 2 


6 2 


5 144 


5 15 


5 11 


5 14 


5 13 


6 6 


6 7 


6 — 


6 2 


6 

t 


6 2 


6 1 



66/5 

61/9 

BO/5 

35/9 

36/— 

66/5 

61/8 

44/6 

40/2 

28/7 

50/6 

50/3 

64/— 

67/6 

43/6 



6,492 
2, 875 
2,691 
4,824 
1,146 
1,647 
3,949 
4,593 
5,252 
2,027 
4,623 
1,240 
10, 783 
2,340 
5,577 
1,490 



lbs. oz. 



Price. 



2,223 

1,104 

1,794 

172 

282 

4,094 

1,196 

645 

4,099 

2,254 



63/10 i 2,313 
61/— ' 2, 133 



11 14 

11 10 



9 11 

9 10 

9 11 

9 13 

9 14 

10 7 

10 4 

10 5 

10 6 

10 7 

10 8 

10 10 



5,300 I 11 154 
1,411 11 4 



10 7 
10 7 
10 2 
10 9 

10 8 
12 3 
12 — 

11 15 

12 2 

11 14 

12 6 

12 4 



55/8 
67/11 
73/3 
54/10 
51/9 
48/2 
48/5 
57/9 
83/10 
89/3 
109/1 
119/2 
114/11 
98/8 
110/9 
111/ 
85/5 
92/8 
112/3 
115/n 
106/10 
I 103/- 

! 57/— 

I 78/— 
79/— 
81/— 
82/— 
82/— 
118/5 

86/6 



Yearlings. 



Pieces. : Wght. 



lbs. oz. 



Price. 



2,577 
387 
833 
130 
1,292 
144 
344 I 
1,080 j 
205 I 
867 
2,405 
4,464 
3,992 



18,731 
Ex.Ex.522 



5 — 
5 — 
5 1 
5 1 

4 15 

5 3 
5 2 
5 11 
5 10 
5 7 
5 9 
5 4 
5 5 



5 3 
4 6 



31/1 

31/6 

50/8 

54/— 

39/8 

33/ 

27/— 

48/— 



62/— 
62/3 
41/6 
61/7 

51/6 



Damaged skins. 



Low. 



4,565 

3,733 I 

2,975 j 

2,967 

2,674 

1,792 

2,386 

1,949 

2,242 

1,090 

1,044 

769 
2,211 

721 
4,740 

685 
3,757 

966 
2,135 

598 

3,586 

71 

729 

2,910 

1,398 

60 

916 
1,148 
2, 503 



Cut. 



1,880 

1,387 

2,175 

1,637 

2,346 

2,688 

1,117 

505 

1,783 

443 

1,945 

574 

3,107 

721 

2,469 

696 

2,047 

645 

550 

250 

1,095 

247 

468 

348 

108 

60 

1,028 

2,277 

3, 750 



Pinks. 



82 



167 



203 



10 

190 

748 

1,721 

1,937 

692 

11, 493 



23, 091 

171 

38 

8,400 

777 j 52 feiiiiilcs. 
1,398 ' 



5. 716 3. 813 



2,129 were j 
dressed he- 
fori'thi'salo. 
977 



iin> (roiii ))r<!liiiiiiiarv telpgrnitliic rc]iorl8, while the lower ones represent, respectively, the actual average price as ascertained from account of 
iniitted <br the sake of brevity.] 



Males. 



mm 



RELATING TO TUH-SEALS AND SEALSKIN INDUSTRY. 



369 



DepoftHioH, of Max Heilhroumr, xevn'tdry of the Alaska Commercial 

C'omjxini/. 

I, Mux Heilbronner, secretary of the Alaska (Joininercial Company, 
solemnly swear that tlie torej^'oing "Comparative statement of assort- 
ment, weififhts, and prices realized on Alaska sealskins 1871 to 188U," 
was compiled and formnl-ited by me from the re«'-ords of the Alaska 
Conunercial Company now in my custody, and is correct and true, ac- 
cording- to iiiy best knowledge and belief. 

Max IIKILIIUONNEH, 

Sec'i/ of Alaska (Jommerviul Co. 

Subscribed and sworn to before me, at San Francisco, this 4th day of 
May, A. D. 181)2. 
[SEAL.] Clement Bennett, 

Notary Fublic. 



Deposition of N. Hodgson^ sealer. 

Personally appeared before me N. Ilodj^son, who deposes and says: 
I am twenty-four years old. 1 am a native of Ontario, Canada, and 
at Dresent a resident of Port Townsend, Washincrton. 
I am a seal hunter by occupation and have nnide five 
sealinj;' voyages to the North Pacific Ocean and Bering Sea. I have 
handled a great nuihy sealskins and can upon examination of the i)elt 
distinguish the sex of the animal, except in the case of animals under 
two years of age; these can not always be distinguislu'd. I exanuned 
carefully this day four hundred and twenty sealskins 
on b«)ard the British sealing schooner Henrietta^ which nc«aT"«tou." "'" 
skins, according to log and sealing book of said vessel 
were taken in Bering Sea during the month of August, 1892, and find to 
the best of my knowledge and belief the proportion of the sexes to bo 
as follows: Females, three hundred and sixty-one; nudes, thirty-three; 
young, the sex of which could not be distinguished, twenty six. 

N. Hodgson. 

Subscribed and sworn to before mo at Sitka, Alaska, this 21st day ot 
September, 1892. 
[SEAL.] C. L. Hooper, 

Notary Ftiblic, District of Alaska. 



Deposition of G. L. Hooper^ captain, United States Revenue Marine. 

District of Columbia, 

City of Washington, .vs.; 

Personally api)e5ired before mo C. L. Hooper, who deposes and says: 
From the investigations concerning seal life at sea, personally con- 
ducted by me, in the North Pacific during the months of March, April, 
May, and June; in Bering Sea during the niontli of 
August and i>art of September; in the vicinity of the |,,."7Iia?tor"tatr/"^^ 
Aleutian Chain during the month of October and part 
of November, as well as from the experience obtained in six other 
12304 24 



370 



TE'JTIMONT 



I " 

f 



ilf 



('fuisos ill AlaskHii wiiters .itxl in IU'riiij( Soa, I draw tlie following con- 
(■liisi(»ns: 

There were fewer seals to he seen in the water in the vieinitj' of tho 
Pribilof Isliiiida dnrinjj; the summer of l.S!>-' than in 181M. 

At least 7."» per cent ami probably <S0 or 1)0 per cent of the seals in 
Uerinjj Sea, outside of a narrow zone around the seal islands, are fe- 
males, 7") \H\v cent of whieli are nursing mothers and the remaining 25 
IKT cent virgin cows, too immature for bearing. 

If barren cows exist at all they are rare. I have never known or 
heard of but one instance. 

in Bering Sea motheis go long distances, as far sis 200 miles from tho 
islands, to feed, codfish furnishing the bulk of their food. 

They sleep much in the water, are not timid, ami are readily taken; 
and their death means the destruction of three lives — the mother, the 
tu'tus, and the pu[» uu the bre<'dinggro»inds. The past season is the 
lirst in several years that su<'h deaths among the pups have not oc- 
curred from this source. 

At least 70 per cent and probably 80 or 1)0 per cent of any catch in 
Ueiing Sea will be females, either actually bearing or capable of bear- 
ing at no distant day. This is borne o»it by the <!haracter of the skins 
of the Henrietta seized last summer for the violation ()f the modus Vi- 
vendi. The captain informed me that nearly all the skins taken were 
those of male seals. Under my direction an examination was made of 
these skins by X. Hodgson, a man of experience, in whom I have entire 
contidence. Tin,' cat<'h, as shown by the log and sealing hook of thic. 
vessel, was made in IJering Sea and consists of 420 skins, 301 of which 
were found to be females, 3'.i nmles, and 2(» those of seals too young to 
determine the sex. 

For every 100 seals, the death of which results from pelagic hunting, 
not more than (m or 75 skins are secured. 

The female seals aie widely distributed over the sea, and hence the 
establishment of zonal aieas would afford no prote<'ti(m, while the main- 
tenance of such areas would be rendered iuipossible by climatic c«»ndi- 
tions. 

There is a wide belt of 200 or 300 miles between the Commander and 
Pribilof gnmps of islands which are devoid of seals, and hence no com- 
mingling of the herds occur. 

Tltere is no foundation for the statement that, during the summer 
months, there are foun<l in Bering Sea bodies of seals which are inde- 
jieiident of, unattached to, or do not visit the Pribilof islands. 

The annual mi/^ration is caused by climatic conditions and feed sup- 
ply. 

The old bulls are the first to leave the islands, and most of them, to- 
gether with many half bulls and large bachelors, remain in the waters 
of Bering Sea and off the coast of Alaska during the entire winter, in- 
dividuals rarely being found south of the 55th parallel. 

The major part of the herd, consisting of females and their pups and 
young males, begin to migrate abcuit the end of October, and by Janu- 
ary 1st all of them have begun their migration. These elates are some- 
what earlier or later, according to the season. 

Those that leave earliest go furthest South, arriving on the coast of 
California, and those leaving later r<'ach the coast further up. Their 
arrival is coincident with the c.mingot thesmelt, herring, and eulichan, 
upon which they feed. 

On reaching the coast their migration route is continually towards 
the islands, but following the geiieial trend of the coast, the inner 



RELATING TO FUK-SKALS AND SKAI.SIvlN INIHISTKY. 



371 



ngcon- 

of tlio 

H'als in 

are lo 

ning -•"> 

iowi» or 

rrom tlio 

r tsikcn; 
bhcr, the 
n is the 
1 not oc- 

oatch in 
I of bear- 
the skins 
nodus vi- 
ken were 
i made of 
we entiio 
)k of thifi 
. of which 
y(n\ng to 

i hunting, 

hence the 
the main- 
tic condi- 

mder aiul 
i'C no com- 

snmmer 
are inde- 

feed sup- 

them, to- 
he waters 
'inter, in- 

pups and 

by Jaiiu- 

lare soiuc- 

p coast of 

[p. Their 

>uli<;l»aii, 

towards 
Ithe inner 



limit being about twenty-flve miles off shore and tlio outer limit from 
7;") to KM). 

As this inigraticm progresses, there is abunrhiiig uj) of tlieherd, but 
the seals travel independently and not in bands or schools. 

The migration ronte is from the I'ribiiof Islands tlin»n^h tln^ passes 
across to the coast, up the coast and aei-oss the nort.liern sweep of the 
North I'aeilic to the Aleutian Chain, and thiongli tlie passes again to 
tlie islands. 

There is no fouiulation in the statement that the IMI>ilof liir senls 
"hich migrate liavt' a winter home off any <'oast. 'I'liey ajipear at about 
the same time off a h)ng line «>f coast, reaching Ironi ('alHoriiia to Wash- 
ington. When they are so found they arc known always to be moving 
northward nj) the coast. 

TIic herd, by reascm of hunting at sea, has steadily diminished, and 
such hunting will ultimately destroy the herd nnless prohibited in the 
North I'acilic and Bering Sea, for, no matter how small the annual 
catch amy be, there is a possibility tliat the hunt will always be en- 
i'ouraged by the higher [)riccs resulting from the decreased catch, as in 
the case of the sea otter. 

C. L. Hooi'EK. 

Subscribed and sworn to before me this l.'Uh day of l)<Men!l)er, 1802. 

[seal.] fc5EVELJ,0^' A. i>I{(>\VN. 

Aolary i'Mic. 



StllinlKMlL'g of SL'ilU. 



Deposition of H. IT, Mclniyre, superintendent of the Pribilof Islands. 

District of Coh'mhia, 

City of ]Vasliin</t(m, ss. 

H. H. Mclutyre, of West IJandolph, Vt., being duly sworn, deposes 
and says: 

1 have stated in former depositions my connection with the sealeries 
of Alaska and 0])portunities for knowledge concerning them. 

When the breeding male seals tirst ariive upon tlie islands in the 
spring they are much more timid and easily disturbed 
than at a later period, and might perhaps be then 
driven from their ch<»sen jilaces upciu the rookeries, but at a later date, 
when their relation to their neighbors are fairly e8tablishe<l and the 
cows begin to arrive, no amount of force will dislodge them, and they 
will die in defense of their harems rather than desert them. 

In June, 1872, 1 carried a i)hotogiai>her'8 camera near thelieef Kook- 
ery on St. l^aul Island, and while focusing the instrument with my head 
under the black cloth, and the attention of my attendant was diverted, 
two old bulls made a savage assault upon me, which 1 avoided l)y dodg- 
ing and running. The camera was Ictt where 1 had placed it and could 
not be recovered until seal clubs had been sent for and one of the bulls 
killed and the other knocked down and stunned. The throwing of stones 
and noisy demonstrations had noetlect whatever ni)on them. This ex- 
perience only emi)hasized what I have observed on many occasions upon 
the islands. The fcnuile seals are more timid, and u])on the near ap- 
proach of man show signs of fear and generally move towards the water, 
iait their tlight is resisted by the bulls, and before inipretination they 
rarely siuu'ecd in escaping. Alter this occMirs the discipline of the hu- 
rem is relaxed and the females go antl come at will. 



372 



TKS'llMONY 



I lu'itlu'r siiw nor hoard, in my twenty years' ('Ap<'ri«Mir(j as super- 
intendent of I lie sealeiieH, of any destruction of ))ups by leason of 
staini»edes of seals. i»ut 1 liave oerasionally witnessed the deatii of 
pups from heinj;- trampietl upon by tin) ohl bulls during their battles 
for supreina(!y. This is, however, of rare oeiairrenee. JOveii if stam- 
pedes occuired, the li;^ht bodies of the fenndes, averayinj; only <S(> oi' UO 
pounds, would pass over a lot of pups without seriously injurin;:- them. 

Later in the* season, after the old males have been supersedcnl on the 
rookeries by the younjicr ones, the pups are already able to avoid bein;;' 
lun over, and, as a matter of fact, the deathof pups upon the rookeries 
from any cause whatever prior to tlie advent of pelagic sealers in Berinjj 
Sea was so I'are as to occasion no connnent. 

It was not cust<»mary to (b'ive from any points near enough to the 
breeding rookeries to (jause stampedes, and even if this had been done, 
1 do not think any injury to tlu^ rookeries would have iH^eii oecasi(UH'd 
by it. It might cause some of the cows to move away, but they would 
soon return again. 

It is very dilliirult to determine the average nund)er of females prop- 
erly aesigf.ible to a single nmle, and difficult even to 
Size o lareins. ascertain how nuiny there are in any given faunly, bo- 
cause the bouiKbiries of the groujis are never well defined, and such as 
would be said by one observer to belong to a certain bull would be de- 
clared by another to be in a different harem. The surface of the ground 
uiaiTdyoccujiied as breeding rookeries is very irregular. Harems soute- 
times run together. Ledges, bowhU'rs, an<l lava rocks hinder the uni- 
form mai)i)ing(>f the fanuly groups, and it is not dillicult, therefore, to se- 
hict certain spots and count a nund)er of feimile seals which appear to be 
unattached to any male. On the other hand, there are often found full- 
grown males upon the rookeiies at all seasons with no families, and a 
still larger number with from one to five females each. Such variations 
have always occurred. 

With our present knowledge of seal life, it is impossible to Judge 
with any degree of accurai^y how many fenudes may safely be referred 
to a single male. But, by analogy, it is a very much larger nund>er 
than has fie(iuently been named as a fair average. Horse-breeders re- 
gard a healthy stallion as (japablo of serving fiom forty to fifty mares 
in a single season; cattle-l)reeders api)ortion at least forty cows to a 
bull, and sheep-raisers regard from thirty to forty ewes as not too 
many for a single ram, and in the latter case, at least, the season of 
service is no longer than that permitted to the nude seal. I think it 
would be safe to place an average of forty to fifty seals to a harem as 
not excessive. 

It is not unusual during the early years of the Alaska Conunercial 
Company's lease to find excei)tion{dly large harems containing from 
fifty to a hundred females eacli, but we saw no reason to doubt that 
thi'y were fully served by the male. 

The erioneuus idea seems to have gained lodgment that during the 
first decade of the lease a reserve of bree<ling seals was 
iii-Vnas'"" "^ ''"^' ^^'i>^ "'* certain rookeries, and that towards the end of 
"*'' ■'"' " this decide it became necessary to draAv on these rook- 

cries because killing 100,000 seals per annum had been too much of adrain 
u])on the herd. This has no foundation in fact. In the early ye.ars 
of the lease the trans])ortation facilities upon the islands, both by land 
and water, were very limited, and, as the Government agent in charge 
(Captain l>ryant) did not object, we consulted our convenience and 
drove more frc(iuently from near-by rookeries, but at all times worked 



l\ 



■.^■■a." 



RELATING TO FUn-SKALR AND SEALSKIN INDT'STKY. 



373 



super- 
soil of 

iltll of 

)iittles 

stain- 

l» or DO 

• tlll'IM. 

on tli<% 
ilbi'in^- 
i)krri»'s 
lierinfi 

to the 
n (lone, 
iisioiH'il 
^ would 

BH prop- 
even to 
nily, be- 
sucii as 
i\ be (U'- 
' <>round 
ns sonie- 
tlie uni- 
tw., to se- 
'ar to bo 
und fiill- 
!S, and a 
uiations 

to .iudj?« 
veftnred 

nund)ei' 
edei'8 re- 
y mares 
)\vs to a 

not too 
eason of 

think it 

areiu as 

Inniercial 
from 
libt that 

liring the 
Ideals was 
lie end of 
?so rook- 
)f a drain 
ji'ly years 
by hind 
In charj-e 
MH'e and 
worked 



WciLjiit iiriiiiiitiic'.t. 



the more ilistant rookerii's more or h'ss fn'(|nenMy, as appears by the 
Seal Island records. His snreessors in oHice tlieori/ed tlial all tin' 
rook«>ries onj;li< to be worked in re;iular rotation, and so directed. We 
therefore increased our uiunber (»f boats and mule teams in oid«'r to 
transport the. skins from dist:int iioints, and ecmiplied with his orders. 
Hut we did not do this because of any scarcity »>f killable seals; no 
scarcity occurred until i)elaKic sealiuf; Inul already ma<h' serious in- 
roads. There was no such thinp' ever thoufflit of uimhi the islands as 
"reseives of seals," nor was any dilVerent practice i)ursued in resitect to 
drivinj;' from year to year, exc«'i)t that all rookt^ries were work«'d more 
Hvsteniatiirally after the lirst few years of the lease. 

In the early years of the first lease a f«'w of the bundles of sealskins 
BhipiK'dfrom the I'ribilof Islands may have weifjlie<l as 
nuu-li as <>() ])ounds, but I would not un<lertake to say 
that I have seen any weij^hiufi' as miu-h. If there were any the explana- 
tion is as follows: The skins in siu'h bundh;s were tlK'Se of small wijjs, 
and such skins were lumdled toj«ether so that the llesh sides should bv 
covered comi»letely and no overIai»i)inff edfjes left. 

Ex<'rement is v<»ided by the seals upon the rookeries as olten, I think, 
as by other cariiivoriuis animals. Those who assert 
the contrary ai)parently expect such discharges as they Ktrrnnent on r<.<.k 
were accustomed to see in the track of the herbivora. 
The excrement of the seals is of very soft, often semilluid consistency, 
and in the j)orous soil, or on the smooth rocks, is easily brushed about 
by the trailing llippers of the seals and lost sight of. Their food is 
chiefly fish, wiiich is highly organized and contains very lift h' tissue 
that is not absorbed and assimilated. TheexcMement, therefore, is lim- 
ited in (pmntity, even when the animal is full fed, ami from its nature 
and surroundings easily overlooked. 

II. H. McIntyre. 

Subscribed and sworn t<i before me this lOth day of l)('(!end)er, 1892. 

[SEAL.] SEVELLON A. UUOAVN, 

Notary l*uhUe. 

]\'poHUion of John Maloicnnsly, agent of lessees of Vommaniler IsJanHs. 

Dlstutct of Colitmbia, 

City of Washiuf/ton, ss: 

John Malowansky, being duly sworn, deposes and says, with refer- 
ence to the sections of the liejiort of the British JW'ring 8e.a (Commis- 
sioners hereinafter named, as follows: 

Si5C. 283. The seals which are killed for skins on the islands have 
been arriving later during the last two years. The killing time has 
been extended two to three weeks. No alt<Mati()n in the date of arrival 
of females or of birth of young has been noticed. 

Sec. 290. No one on tlie Commander Islands believes that coition 
ever takes pl.acie in the water. 

Sec. 431. I have never heard the natives or anyone else on the Com- 
mander Islands report that there were barren females or females with- 
out young. 

John Malowansky. 

Sworn to and subscribed befoie nie, this 13th day of December, 1892. 

[seal.] SEVELLON a. ]?ll()WN. 

Notary Vublic. 



874 



TriflTIMONY 



iH 



Iviprricliri'. 



Jh'ltosilioii of John MtiloiniHski/, ai/ntt of Icsst'cs of Coinmuniltr fNhtnda. 

Sta n; OF Ni;\\ Vouk. 

('/■/_(/ iuhI (Utunltf of \iir Yorlc, ss: 

.Tolin Miilowaiisky, ln'iiij; duly swuiii, deposes and snys: 

J liiiv<' luMMi on tlic ('oiiiiiiiindn' ishiiids cvi'iy yt'iir siiico 1Sr»{>. 1 
Ht'iA<'d for iiiiiiiy ycjir-s as tlio, ii;;rii( llu'ic of Mntclnii- 
soii, Kold, I'liilipciis ^ Co., tlio t'oniM-r l<>ssc(>s of Mie 
ri^vM to liilio fur scid skins on tliosi^ isliinds, and I am now tli*> a;i;<'iit 
of I lie Knssian Sealskin ('onijiany, tlu^ ]iresent lessees. My winler H'S- 
idciiee is in San l''i-aneisco; I am now on my way to K'nssisi t(» report, 
to tli(> (lovernmenf and to my jniueipals. 

Wlienevei' there has been a In'avy storm and swell about th<' islands 
in the fall of the year, /, c, in <>etol>er or November, afU^- the pnjts 
have h'arned to swim, a number of dead ])ups havo 
1., M.i 1.111.8 m.(;..tn- i„.,.„ v<. poll, .(1 killed alon^' the shore bv the surf, Siittlio 
numlier was always ineonsnierable. I hese pnjts wery 
always fjrey l)n])s; their bodies were always neai- the water's edj^e, 
and never baek on the rookeries. ^Vithin the last two years the 
natives noticed, however, anothei' class of dead |)nps on the islaiuls; 
these were always black ptips, which were too small to hav«^ learned to 
swim, and wvve found on the breedinj; grounds !'()(» yards from the 
water. Such doad pu|)s have only been observed siiici^ the sealing 
vessels befjan to take seals about llie islands. This year thenund>er8 
became so ji'reat thai the matter was cinnmonly talked alxmt on the 
islamls and the natives made com]>laint to the jyoveinor. It was my 
o])inion and the universal opinion of all on the islands that those deaths 
weie caused by staivation, which resulted from the motliers having 
been killed by the sealing' st-hooners while out feeding. This was also 
the opinion of the natives and others on the islands during all of last 
season (1.S1>1). The nnitter was discussed with the British Hering Sea 
Commissioners who were at Bering Island for about a day and a half in 
Sei>tcmber of that year. Snigerof told them about it, and 1 acted as 
the interpreter at the time. The grey imps heretofore mentioned as 
lia\ ing been killed were always i)lump and in good condition, while 
these black i)ups were in all cases very thin and emaciate<l, showing 
evident signs of starvation. 

Seven vessels were seized this season (J802) by the Russian Govern- 
uient for sealing in the waters surrounding the C(un- 
Tliey had on board about 2,700 skins, 
all of Avhich, as appeared from the bullet holes in them, 
had obviously been shot in the water. It was evident frojn the fresh 
ai)i>earance of the skins and from the information 1 obtained from the 
captains of the seized vessels that they were not taken in the spring, 
but througlumt the summer. I was present at the examination of all 
of them at IVtropauhn'ski, and looked at almost every one of them care- 
fully, because 1 intench'd to purchase and did purchase a large nund)er 
of them for the Russian Seal-skin Company. They were also examined 
at the same time by ]\Ir. Grebnitski. Mi'. Tillman, and a Coj»]>er Island 
initive named Ivan Chabarof. The latteris an expertin handlingseal- 
skins. Jle looked them all over and thiCAv the males into one lot and 
the females into another. JIc had no dilhculty in telling them apart. 
1 have not the exact lignres of the result with me, but 1 know that over 
umcty per cent of the skins were females. 



Kxniiiiiiatioii of i i i i 

II laiu pelagic m.^ndcr Islands 

Oiltill. 






i*M 



RELATING TO FUH-Sr.AI,S AND SKAI.SKIN INDUSTRY, 



375 



iluntJi. 



m). 1 

utcliiii 
of tlio 

tor WA- 
> n'ptirt 

le pups 
Ks liiive 
Suttlio 
ps \v«"'e 
's I'djre, 
>i\vn tlie 
islaiuls; 
\\\'i\m\ Ui 
ioin tlie 
^ HOiiliiig 
imml»ei"S 
t oil the 
was iiiy 
te deaths 
s having 
was also 
111 of last 
rill}"' Sea 
a half in 
a<'te(l as 
ioiied as 
»i», while 
showing 

Oovern- 
he Ooni- 
00 skins, 
in them, 
he fresh 
ioni the 
> spring, 
Ion of all 
lon» eare- 
nuniber 
Ixaniined 
n' Island 
|ing seal- 
lot and 
in apart, 
that over 



On one of the boats of a seized schooner there, were the ean-asseH of 
].'{ seals. I was present while these were lirjn;; skinned 
on our steanu'r's (the /ro//A'.v) deek ; allot them were Nuiiinu luuiHiei. 
nursing fenndes, ami the deck was tlnoded with milk 
when the skins wvvv being removed. .Ml the i-aptains of these seized 
vessels informed nM> that they took a great many s<>als LMM) or more 
iniles Irom the islands, ami it is my belief that the female seals go as 
far as that from the lookeiies to teed. Tlu' eaptains also knew and 
admitted they were getting mostly fenndes. The t'aptain of the Maria 
tcdd me he lost two or tliict' out of live w(»unded oi' killed. 

iJuring the. last year or two theie has been an enormous deereasu iu 
the nnndier of seals on (.'(»])per Island; on liering 
Island the decrease was md so nuirked. The seals on """"""' 
the Cojjper Island njokeries fi'ed nndidy to the east an<I southeast 
of the island, while thostt on IhM'ing Island fee<l to the noi'thw(>st and 
west thereid", where the sealing sehooiuM's have not gone so nuieh as 
yet; the two islands .ire al)out thirty (.'{()) miles apart. All the sealing 
schooners seized were to the south or soutlu'ast of Copper Island ex- 
eejd one, which was seized to the northwest of lleiing Island. I 
noticed one rookery in ]»articnlar on Copper Island which two years 
ago was coveie<l with breeding scids and which now is bare. No one 
on the islands doubts that the sealing si-hooners have done it. The 
natives have becouH' greatly alarmed and they Ix^wail the condition ot 
the rookeries, <'lainnng they will starve if the seals continue to decrease. 
This great decrease is noticeable in the female seals; there are enough 
vigorous male seals to servo all the females connng to the islands. The 
natives have reixated in the last two years that the niunber of fenndt'S 
t<i a bull is growing less. This is the mdnral result of the sealers kill- 
ing i)rin(!ipally f( ales. I am convinced that unless sea sealing is ab- 
solutely prohibited the Comnnmdcr seal herd will become jtracticaily 
exterminated. 

Among the .seal-skins taken from ono (»f the \essels seized were some 
which were lighter in color and dilferent in shaj)e from 
the rest of the catch. Snigerof, the nativ<', who has ^'"•'''"'"""'•""■"gi". 
been on the Tribilof Islands, at once ])ointcd these out to me and said 
they were Pribilof seals. I spoke to the <ai>tain of the vessel about 
them, and he told me that those skins <'aine from the eastern side of 
Bering Sea and were skins of the Pribilof seal herd. 1 am, therefore, 
])ositive there is a marked diflerence in the two seal herds and that they 
do not intermingle. 

1 have already stated that the seized vessels had on board about 2,700 
skins. These were confiscated by the Ciovernment and 
taken to Tetropaulovski. They were theic sold at aiu;- ,.aMi'trr"m'a,,',r'''''''° 
tion andl purciiased 1,124 of them; l,028(»f them were 
held by the Government for its own account. The two lots above men- 
tioned, namely, that purchased for the linssian (lover)iment, were placed 
in my charge at Petrojianlovski and were brought to San Francisco by 
nie upon the steamer h'oiilc the chartered vessel of the Russian Seal- 
skin Company. At San Francisco I was present when these? *w'> lots 
were shipped to Alfri'd Fraser, of New York, a mend)er of tl. i.rm of 
C. M. Lantpson & Company, for transshipment to London, in casks 
which were marked and nnnibered as follows: 

The casks containing the first lor- w^ere numbered 22 to 40 and marked 
«R. S. S. Co., A." 

The casks contaiinng the second lot were munbercd 1 to 21 and were 
marked '< II. S. S. Co., G." 



:\ic> 



TRSTIMONY 



Tin- mails ".\"s1oih1 for "mu-li.m .skins." TIm" niiirk '•<;" stDoil for 
•MJivniiim-iil skins/' 

'riicy wen; sliippcil from San I'lanrisro in lli«> lalhT part ol' Si>pl«>ni- 
Ix'V or tlic lirst part orOctohrr, IS<»l', iinil I nndcrstand tln-.v were to b«^ 
Hold in lioniion in Novi-niitfr following. 

Jn 1S1NI 1 went in thr stcanior Ah:rtnithr tVoni l^'i-in;; Island to n 

piarr on tli«' roast al>out t\v«>lv(> niilrs nortli oI'IIh* 

roouVirH/"'" """" Kinnt'lialka Hivcr, wlicic I had licard, on what I <on 

si<i)'r(Ml ;j;ood anthority, that llinv, were I'nr srals. 

Wlicii I ffot Www I only I'onnd si>a lions. 

Coniniandrr Island skins arc always Innxllt'd \Nitli the ^Mratrst care. 

On scvcial occasions, and cspcrially this year, (!. M. 

iimXr"mLib "-^ *'"• '"^^*' pniisi'd thf condition in whii-h 

tlicy were forwarded U* market. 

.luIIN Mai-owansky. 

Sworn to and siibscrihcd hcforc mo this Kith day of DcrctnlM'r, ISJUi. 
[sKAh.J IIdwIn IJ. Woods, 

]\'ntati/ I'libtiv, h'iiij/H rv>., vcrlijinttr Jilftl in N. Y. Co. 



m 



Jhpositiou of Waller J'J. Martin, furrier, 

SrATK OF Nkw Yoijk, 

Ciljl ami Ciiuiili/ o/ Nrir Yorl; ss: 

Walter 10. Martin, ltein;;«lnly sworn, says: 

1 am tlu'|)erson described in and who verilit'd an aflidavit in Tiondon. 
I'Jijiland, on the L'.'Wd day of Ajiril, iSU2, in relation to the sealskin 
indnstry as carried on in that city. 

I Inive, as therein stated, handled lar;:'<' nnmbers ()f fnr-seal skins of 
all kinds, incbidinu' Northwest (Joast skins, or those of 
animals taken in the water, and I know trom personal 
experience that a certain number of "stajjey" skins are always tnuiid 
amoiifjst them. Whether or no skins taken in tluMvater are "sta.uey " 
will depend on the month in wliich they are taken. The stajjiiiess does 
ii(»t bej-in until after tlie. middle of Ausiist, ami aa most of the skins 
secun'd bctbre the seals enter Jierinp: Sea are taken i»re,vious to that 
date the percentajje of ''staj-ey" skins aniouf^st this class is insij^nili- 
cant. r»nt amonj;' the skins taken in Heriim' Sea after Auj-iist lath will 
always be tbuiul a certain per cent of "stagey" ones. 

Walter E. ]\lAiiriN. 

Sworn to befoi > me this 2nd day of November, 1802. 
[«EAL.J IOdwin B. Woods, 

4ary PHhliCj Kinffn Co., ecrtijimtr filed in N. Y. Co. 



Deposition of Tl mas F. Monjan, af/enl of lessees of Pribilof and Com- 
mander Islands. 



State of CoKNECTifUT, 

New JjOitdon Con nil/, ss: 

Thomas F. jNlcnfjan, beiiiff <luly sworn, deposes and says: 
1 am the person described in and who veiilied two certain affidavits 
ou the 5th day of Api'il, 1892, before Sevelloii A. Brown, notary public, 
iu relation to the habits, management, etc., of the fur-seals. 



nr.LATINO TO FTM{-SK\T,a AND SEALSKIN INDI'STUY. 



377 



ihhI for 

re to Ih> 
mil to a 

I of tll(> 
It I coll 
nr s«'i»1h. 

I'st can', 
u, (5. M. 
ill wliicli 

^NSKY. 

)cr. 1S«>2. 

y. Co. 



1 TiOinloii. 

1' sealskin 

»1 skills ol' 
)!• those of 
1 pcrsoiiiil 
ays tound 
""stu.^cy" 
iiicss (Iocs 
the skins 
us to that 
iiisijjnili 
It lot li will 

lAK'I'IN. 



IPS, 

r. Y. Co. 



\aml Com- 



I 



affidavits 
liy public. 



Tiic liarciiisoii llic riiliilol' Islands have at all liiiicH varied very iniicli 
ill size. In the years uheii I was on the i^ijands, lie- 
twecii IH7I and Issj, it was always possilile to tiiid in- 
dividual harems with od or perhaps SO teiiiales, while oIImm-s would only 
have four or live feiiiales. not withstanding;: the aver ><;c harem would, per- 
haps, contain from ir»to.'«> females, liaise harems, thon;,di in smellier 
iiimihers, continued to exist even in tlip years |HH.'» and to lss7,\vhen, 
as I have already stated in a former alhdavit, the iinmlM>r of females 
iM'tjan lt» decrease. 

While I wason the Islandsthere was no such thin;;' known asdistiiili- 
in^ithe l>ie«'<leis or stampediii;;'th(> rookeries. The herd sihmum .iinif iukI 
is driven from the rookery, is kept away from tilth as iirivini; ovrr puiiui 
much as possible, for the reason that the skins which '""'""* 
are taken, if <'lean, take salt Ix^tter, <-ure in better condition, and brin^ 
better |M'ices. I'Mlth, grease, and oil make skins come lait ot' kench Hat, 
and such skins are classi'd as low when sold. JNIiid spoils the salt for 
«pii<'k work; so the cleaner tin- skins are the bt'tter. As the rejected 
seals ar«^ only to be yot away from the killing' ^•roiind the <|iii<-kest, way 
to tlu^ sea is th(^ route chosen, aiul they often pass over decayin;,' car- 
casses, but m»t of necessity, as they are allowed to choos«' their own j^'ait 
and rinite to the sea. Tlu'y do not seem to object to this anymore than 
to the tilth (Rinsed by the (excrement and deeayiii^; i>Iaccntas on the 
breediii}? {ground'.. 

I wasiui the < ommander Islands in IHOI as Ajjentof tlu! liussiaii 
Sealskin i'ompany. I never heard any one slate that liamn umi Hi.iii« 
barren femah-s (I mean females without yoiin^) wer«' no tunii'H- 
ticcd thcr<> and I doiTt beli<!ve that any person whoseopinion would Ixt 
enl led to <'onsideiatioii noticed this fact. It soon would liav*' beccuiie 
a matter of common knowled^'e (»n the Islands if there had been any 
uumbercd' adult females without yonn^. Tlui only sure way t(» deter- 
mine wh 'ther an adult female is barren is to examine her as to whether 
she is f^ivin^' milk <»r dry. As the youn^ seals do not follow the mot her 
e<uitinii(»usly, the fact of seeing females without pups with them <|oes 
not ]U'ove that they have not one somewhere on th(! breedinpf grounds, 
and no person haviuj? any kiiowledH:e of rookery life eould draw such 
an inference and claim that the femalea were theret<u'e barren. 

While on the Pribilof Islands I don't know that 1 ever saw a sterile 
female st^il. Jt is imiKissible to reeognize the same seal from year to 
year unless as in the <*,ase of a few old bulls whieli have large sears, a 
torn lip, a white blind eye, the nose s])lit, or same unnatural mark. 
And although J have seen <dd females without milk, very fat, associating 
with the young males, I could not say that they had not been fertilized, 
and not having an ott's])ring to care for wen^ associating with the males 
until the season arrived for the held to leave. At one time the sug- 
gestion was made that it would be a gwd plan to kill these femal(\s, 
J denied tliat it was possible lor any one o know that they would not 
bear ycmng, and that if the killing of one female was authorized it 
would open the way to do great injury to the herd. For, wliei; it be- 
came desirable to market a large number of skins, the clubber would 
see large numbers of females unfit for breeding. 

Jt is ditilcult to discover fresh excrement on the rookeries, for the 
seals' flippers soon wipe out the evidence looked for. 
Still 1 have often seen it. In color it is orange, light ^••^•"••^""'»*- 
yeUow to almost colorless, and in (ionsistency soft, almost liquid. At 
^imes it is very offensive, and at others neaily odorless. But tlie soil 



mmmmmimm 



mm 



i'l: 



i. 



Ii ? 

I f 
It { 



J- I 




37,S 



TESTIMONY 



«»r the buMMlm^ i;i(Hii»<l ix impn';^M:it»Ml with it, wlii'li ;;ivt'S lollin roiik- 
vry :i iiios( (lis;|o|,.,.;|i,|,> oijoi' i Imt is iii(i'<Ms«>(l i»y I Im> <l(<('iiyiiij; pliicohtiis. 
I iiMi <|iiot«Ml l),v tin' lii'ilisli < 'oiniiiissioiKM's (SiM't ion .S'jr» oI'IIumi' Kv 
in.>;,iiiiii> In ii:iii pinHIo show licit ill ISSI !ii> irrt'jjiilaiily iti tln^ liiihils 
"" ol' lli<> scjils look pliu'i' !i( Die IM'ihilof IsIiiimIh. TliiH ir 

rt\miliirily coiisislcd in llio lollowm;:: In i>n>vioiiHy«>iirH llio soal.s lliai ar 
rixcil ill Jniit'l'miiislitMl nearly all ciinlil pound skins an(lo\M>r; v»>iv r«'w 
ot llit'S(> s(<als \\««rt>l»'l ji'o or n'jt'clt'tl. anil wluMi any wiM'O rrjcclcd it was 
principally Ix'cansp lli(>v \v«»r«> too larj:t>. lint this year tin* two year 
old stalls coimiitMiccd to land iniirh »'arli»'r, and tin' inn ot' lart^r halt 
ImiIIs anivt'd in inor«' scatlorrd hnnrhcs, just asilllii' hord had licni 
liinu'd back in places and hurried ahead in olheiM. thus hunyinjj; the 
smaller s«.>als, so Ihal they eanie on with I ho head of the Hock, and turn 
in^" hack some of the laip> si>a!s, so that lln'y came to the islands with 
the oiHMiiid two year old seals, which formerly had arrived later. No 
irn>^ularity was observed in the haUils of the female seals. 

Thomas V. Mokoan. 

Subscribed and xnn (o before mo this Mtli day of December, 1>SS>-' 
[sr,AI,.j 11. Ii. |{AII,KV, 

J\'ol(iri/ I'ublio. 



Jh'pttsilioii (>/' Justph Murrdij, I'rvasunj Atjcnt. 

Disruior ov ('olmihia. 

Villi of WiishiiKftttn, ss : 

.losei)li Murray, b»>iii}>- duly sworn, says: 1 am the ])orson described 
in and who verili»>d an aflidavit on the l!Mh day of March, IS'.IL'; I was 
tirsi assistant spt'cial TKMsury .\j:ent on St. (ieoifi*' Island in ISS'.» and 
until .Inly -0. 1S!M). and I have situ'o oceupietl and still occupy this 
jtosiiion on the island of St. Paul. 

1 have stated in a former alVidavit that in 1S<M (he rookeries were, at 
Pis.Mtf^ini/aii.m oi tlieir best from duly 7th to 'JL'iid. At the time when the 
'^"'^''"' - Hi i I isli ( 'onniiissioners reached t he island (.1 uly -SI h) tlu^ 

]>rocess of di.scirjiaiii/atiou had already been in |)ro};r(>ss t'or a \V(>ek or 
teu days, ami the seals were scattered about the breedinjj grounds. 
Safe and correct coni'liisions as to the facts of rookery life «'an only be 
drawn after systematic observaiitui durin}»tlic {growth of the rookeries, 
and during ♦iie bii(>f ])cri«)d when they are compact and orderly. For 
instance, after .Inly L'L'ud, there is no tiim' when all the females wore «)u 
sluue; many o\' them are at sea fcedinj;'; the ]mps are wanderiuf; lu're 
and there, and tlic bulls having ceased to exercise sliict control over 
their harems generally are giving attcntiim to the few cows still iin- 
StM'ved. Jlveii the observations t-arried on after this <late ov^i' a series 
of ycais must be ai>plied with caution, for on the same day of ditVerent 
years the brcctling grounds ,:iay present a totally ditVerent api)eara!i('e 
by reason of climatic conditions. For instance, if August IHtli, 18JM, 
liad been a hot or sunny day. am' August ir)tli, 18!)2, a cool or ebuuly 
day. the rot>keritvs would not be similar in ai>i)earauceou these two days, 
even ifthc gcuMal condition of the herd in t lie two years were thesanu'. 

1 went over the rookeries i-arefully looking f«u' dead jiuiis. Tliolargest 

_ , number (Ui anv ro(dverv oi-curred on Tolstoi, but hero, 

as on tne rookeiies generally, but tew ot them were to 

be seen as eompared with last year. This was the tirst time in uiy four 



UKI.A'rtNCJ TO IMIU-SKALH AM> SKAI.HKIN INDHSTKV 



;{7{) 



\\u\ rook 

|;M'«MitUH. 

tlicir l{o 
10 liiil)ils 
TliiH il- 
ls I li:i(!>r 

very t'«'w 
|«m1 it wiiH 

Iwo yoar 
|;ir|4;«> Ir.ill 
liiiil bt'iMi 
ryiii;^ IIh^ 
iiiiil tiini 
antis with 
lalor. No 

loilOAN. 

,KY, 

I I'ublio. 



\ (loscrilu'd 
S">1!; I was 
11 1SS'.> and 
M'fupy this 

ics wiMO at 
lO whoii the 

liy'jsnotini 

a \v«'i'k or 
'f jijnnnuls. 
an only he 
rook Olios, 
(M'ly. l''t)J' 
ios wore on 
lorinp; h(>ro 
.)nlr(»l ovor 
s still un- 
«»r a series 
1)1' (litVorent 
il)])earan('o 
ir)th, 185)1, 
or olitudy 
i> two days, 
t' tliesiuno. 
rholarj;o8t 
but here, 
'lu were to 
in my four 



Hoasoiis' I csidenoo on t ho islands t hat t h«- niitnlxT o!' do. id pups was not 
^n.iln' than oonid lie anMuintod tor l)y natnral caiisrs. 

It is my opinion tliat tlir hroodin;; L;roiiiids wnr worse oil' in ls<t2 
than Ml IS<t, ;is ir<r:iids the nnniltn' ot t'riniilcs loiind 



llrhlliv. 



Illlllllillll 



n( I 



•oki ricM. 



Oil (licni. This opinion is liasod on my olist'ivations 

inad«- at the siiino periods in ea<di year prior to «lisor 

^ani/ation. The l)ioi'(|in)r ^lonnds an- now in worsr condition nninor- 

ieally t iiaii at any liin«' diirini.: my aeipmintanee witli tliom, and this too 

in the I'aeo of the small killiiif^s of maios n|)on th<> ishiinls <lnrin^ iStK) 

uiid IS'.H. 

in IS'.M :ind IS!)'.! j saw a nnmlM'r of liarrm.< with 10 !>r r>0 frmalos: 



lllM'lllll. 



■ !■ ■'■••• lailll ■■■•'.. I t^tffl III lllllll'ri I iri iiffii ■■111 flllll ■« 

on till- other hand I saw a still ;^rraler nnmlior with 

from one to six. If it were possible to ascntain the 

av4'ra^«' number of femah's to a bull it wonhl br I'onnd to be very low, 

espnially if all tin- i<lh> bulls w<>re t.iken into aeeoiiiit. In l<S*.ll I visited 

over rookery on t lie island of St. Tanl bclwfin the 7th and lilid of .Inly, 

ami I eonnted If'J.^O idle bulls. 

I deny that the statomo.nt at I ributed to mo. in Se(\ ToH of the iSrit- 
isli Comtnissionors' Wojiort was ov«'r made by me: 
"r«»loiu'l Murray, the <'aiilions 'rioasnry ajicnl on HI. '" '" 
( I o(»r(<;e, informed iih that h<^ had oxaininod the tran>s romainin;^ of 
iiiaiiy rai<is that had taken place, unknown to the authorities." I' nrther- 
inore the two occasions r<>t'crred to in this solution relat<'. to one. ami 
the saiiii' rai<l which is on record in the. 'i'reasnry Di^partment. 

I liavo read ov«'r soctiiui 7o!>. I did ixo to the stoann'.r of iJritish 
i^erin;; Hea ('oininissi<»noiw, not onlv as a matter of 

. \ A I I I ' 1 I I II Sr('ti()[iH 7riH iiihI 759 

courtesy, hut because wo have orders U* board all ves „f i(,iii„i, (:,,i„„ih. 
.scis anchoring' at the islands, i then siif^fjicstcd that "|V/,','',';,'', ''''''"'" '^ ''*" 
the Ibitish vos.sid sail around St. i'ani Island to .s«'o if '''""■ 
any schooners wore off Northeast I'oint. The impression <U)nveyed is 
that raiils wore continually imminent an<l of fro(|nont oitcnrronce, and 
that there wore no means at hand to ]M'ovent them if they did occur. Only 
two raids wore made in lHiH. 'I'ho, tirst occurred on St. tioiu^^o island, 
November ITlh, by the (Jlt(flhii(/«; theotluir, November 27th, on St. I'aul 
Island, by the liomiUs. lu tlio lirst case the otlicer and crew wore, ar- 
resti'd and sent to Sitl-a, convict<Ml and sent to jail, :ind tlie, vessel 
contiscal<'d. In the s(>(;i>nd case, the vtwsel suceecdeu in makin},^ her 
escape, but th(^ captain was atlerwards arrested and is now awaiting 
trial in Sitka. jail. 

One of the secretaries of the British H<'rinn' Sea Coiiunissioners had 
access to and closj'ly examined in ISMI while. (Ui St. 
Paul Island tlu' records in wliich every seal whi(!h i^,;!.'.,'!'"^'' "^ ««»'" 
died on that island oitlu'r direci iy or indirectly by the 
haml of man is recorded, Tlie ('(Mnmissioin'rs w<'re at liberty to ex- 
amine the same records on SL. (ieorj;c. 1 do not know wh»;tlier they 
did so or not. 

J()SK1>II IMlUUAY. 

Subs<'ril)od and sworn to before nie this 20(h day of December, IS!i2. 

[SEAL.J aiiVKLLON A. I'.UOWN, 

Aotarif Public. 



380 



TESTIMONY 









T<\ 



I" 



m 




Deposition of Martin, Myvr, handler and paclcr of raw furs. 

STATK of (3ALI1-()UN1A, 

(Jitjf and County of San Francisco, ss.: 

Miirtiii Mycr, of the city of Sail Francisco, in tlic State of California, 
being duly Kworn, deposes and says: 
That he is by 0(!cui)ation a handler and packer of raw furs; that in 
such eai)a(;itv he has been for the past twenty years, 
Expcricnco. ^^^^^1 ^j.j,j j^^ employed by the Alaska Connnercial' Com 

pany; that while said company was the lessee of the Pribilof Islands 
1h' was ]>resent at the wharf in San Francdsco on nearly every oc<;asi,)n 
when the comi)any's vessels unloaded the skins of the fur-seal taken on 
the Pribilof Islands by said eomi)any's afti'nts; that said skins, of 
which he has handled and packed in casks hundreds 
earirb.l'iu'iio.' *^"'* '" f>f thousands, are ])a(!K-ed in bundles, each of which 
contains two skins; that it would be impossible to ^lut 
three skins in one bundle .and roll them in such a way that the th'sh 
side of one of the skins would not be exposed and the fact at once be- 
come a])i)arent to any person examining the skins so bundled; that it 
would l)e impossible to roll four skins into one bundle, as the si<les of 
the skins could not be turned in and the bundle then rolled and tied 
up. 
And deponent further says: 

That when a vessel arrives from the Pribilof Islands with a consign- 
ment of skins the bundles, as they were unloaded, 
si.ipnuiif or sifins ^ypj.^ counted by an oHicer of the United States cust<)m- 
house and also an emi>loy^; ot the Alaska Commercial 
Company; that ])erhaps a dozen or twenty bundles were opened to ex 
amine their condition and the amount of blubber and salt with which 
they were pa(!ked; but that not over one hundred such bundles were 
ever oi)ened in any one year: that since 1879 after said fur-seals were 
counted, as above stated, in bundles, the bundles were packed on the 
wharf in casks, fro«n twenty-live to thirty bundles being placed in each 
cask; that as fast as each cask was tilled it was at once taken to the 
railroad station and shipped directly to C. M. Lampson & Company, 
London. 

And dei)onent further says: 

That never during his experience of twenty years has he seen a 

bundle of Alaska fur seal skins opened which contained 

Never saw over two more tluiii two skiiis, and that he never saw a bundle 

tiiat he judgi'd to coiit-nn more than two skins; that 

if such bundles had been seen by him Ik; Aould at once have rccogni/-cd 

the fa(!t from the shape of such biiiulle. 

Martin Myer. 

vSubscribed and sworn to before me this 14th day of November, A. 1). 
ISitli. 
[SEAL.] Clement Uennett, 

Notary Public. 



J)eposHion of Rudolph Neumann a<jent of AlasTca Commercial Company. 

State of California, 

City and County of San Francisco, ss: 
Rudolph Neumann, being duly sworn, de])0sesand says: 
Tiiat he is the resich'iit agent of the Alaska Comiiieicial Com])any at 
'Bxnerience Uiiahiska ill the Tei'iiloiy of Alaska, and that for the 

past twenty y«'ars he has been employed in the pur- 



RELATING TO FUK-SKALS AND SEALSKIN INDUSTRY. 



381 



nrs. 



L^yiilifomia. 

■s; that in 
iity years, 
srcial Vjom 
lot' Ishuids 
•y occasi'.ni 
,il taken on 
I skins, of 
! hnndreds 
li of wlii<;li 
sible to pnt 
at the th'sh 
at onee be- 
led; that it 
the si<les of 
sd and tied 



h a eon sign - 
e nnloa<led, 
atescnston)- 
(jonmioieial 
pened to ex 
with wliieh 
undU's were 
-seals were 
ked on the 
\('od in each 
aken to the 
& Company, 



he seen a 

•h contained 

iw a bundle 

skins; that 

recognized 

IN MYER. 

'niber, A. D. 

!^F,TT, 

ry rublic. 
al Company. 



pompany at 
that for the 
in the pur- 



chase of skinsof vari<ms kinds for said company in the Aleutian fslands 
and Alaska; that he never knew or heard of the said company having 
fitted out, employed, or been directly or indirectly con- 
nected with any vessels enijaued in takin<;- ycmnif fur- Alaska Comnieniai 
seals or any other class of fur-seals with nets while pJa^ioseaiiir^. 
g-oing- through the Aleutian passes or anywheres else; 
that if the said company had been in any way interested in any such 
venture' deponent is (!onvinced he would have known thereof, as such 
skins so taken would doubtless have beeu delivered to him for trans- 
shipment to San Francisco. 

Deponent further says: 

That the price paid for the skins of young pup seals is now about 
one dollar; that formerly, when more sealskins were ^^j^ . 
taken from the Pribilof Islands, the price for such ^^°" ^"^^ 
skins, that is, gray pup-skins, was fron» seventy-live to eighty-tive cents; 
that up to within live or six years from 1,000 to 2,500 such skins were 
annually purchased at the last-mentioned x)rices from the native hun- 
ters on the Aleutian Islands, but that since that time the number so 
taken and sold had decreased yearly. 

And deponent further says : 

Thatneverduring his experience has hepurchased atone time.asmany 
as seven hundred ]m\) sealskins or any number approxi- 
mating, and that he has never i)aid as much as two gkhi'spurehaLi!*"^ 
ami one-half dollars for a pup sealskin, mu- has he ever 
heard, nor does he believe any such sum was ever paid for such seal- 
skins by any person in theemploy of the Alaska Commercial Comi)any. 

liuDOLPii Neumann. 

Siibscribed and sworn to before me this I4th day of November, A. 
I). 181)2. 
[SEAL.] Clement Bennett, 

Notary rublic. 



Deposition of Qnstavc Nicbaitm, rivc-prtsidcnt of the Alaslca Commercial 

Company. 

State of California, 

City and Connty of San Francinco, ss : 

Gustave Niebaum, being duly sworn, deposes and says: 

That he is a resident of San Francisco, Caifornia; that ho has beeu 
a member of the Alaska Commercial Company since 
its organization; and that he is now the vice-president ''i»'"^"'«- 
of said company. 

That it has been his custom for the past twenty years to examine a 
few bundles of each cargo of sealskins received by said company from 
the Pribi